General Terms & Conditions

 

Any order of a product or service appearing or not appearing on the catalog of the company Studio Caramel supposes the preliminary consultation of these General Terms & Conditions. You can order only if you accept all the provisions provided below. Any order will be exclusively governed by these General Terms & Conditions, to the exclusion of any other condition of purchase. The signature of the order form or quotation constitutes confirmation of your order and will be considered as an irrevocable acceptance of the present General Terms & Conditions. It will manifest your definitive consent to contract with Studio Caramel for the products or services you have chosen.

The below offer is proposed by the company Studio Caramel:

  • Presentation of the main characteristics of the goods and services offered.

  • Indication of the total price to be paid for the goods and services offered in Euros including all taxes (€ TTC) for the countries of the European Union. For countries outside of the European Union, the prices are indicated in Euros excluding taxes (€ HT). The prices indicated do not include the shipping costs.

  • Indication of the terms of payment, delivery or execution.

  • Existence of a right of withdrawal.

  • Duration of validity of the offer and the price. The partner recognizes to have, before the order, taken knowledge of all the above mentioned information and the General Terms & Conditions.

1- Subject

The purpose of the present General Terms & Conditions is to define the rights and obligations of the parties in the context of a sale of goods or services offered by Studio Caramel.

2- Offer coverage

The geographical area covered by Studio Caramel's offer is the following: European Union | Non EU : Andorra, Australia, Bahamas, Cameroon, Canada, China, Ivory Coast, Egypt, Guadeloupe, French Guyana, Hong Kong, Hungary, Iceland, Indonesia, Japan, Jordan, Kuwait, Lebanon, Liechtenstein, Saudi Arabia, South Africa, United Arab Emirates, United States, Morocco, Martinique, Mexico, Norway, New Caledonia, New Zealand, Poland, United Kingdom, Czech Republic, Reunion, Russia, Saint Barthélémy, Saint Martin, Senegal, Singapore, Slovakia, Switzerland, Tahiti, Taiwan, Thailand, Turkey, United States, Venezuela.

3- Contract documents

This contract is drawn up, in descending order of legal value, from the following documents

  • The present General Terms & Conditions

  • The order form or quotation

4- Order

The signature of the order form or quotation by the partner or client constitutes a confirmation of the order and will be worth irrevocable acceptance of the present General Terms & Conditions by the partner or client, which can be called into question only in the cases restrictively envisaged in the present contract in the articles "Right of withdrawal" and "Execution of the order".

5- Order confirmation

The validity of the contract will take place only at the moment of the confirmation of the order by Studio Caramel. The partner or client will receive by email an acknowledgement of receipt confirming the order with all the elements constituting the contract (ordered products, price, shipping costs...) Studio Caramel reserves the right not to confirm an order for any reason whatsoever, in particular due to a problem of supply of products, or to a problem concerning the received order.

6- Duration of the offer

The offers contained in this catalog are valid as long as the related products remain listed and while stocks last.

7- Pricing - Billing

Prices are expressed in Euros. The price guaranteed to the buyer is the one displayed in the quotation communicated by Studio Caramel. The price fixed at the time of the purchase is firm and definitive. It does not include the delivery and shipping fees charged in addition and which will be indicated, if applicable, in the order confirmation. For a delivery within the European Union, the prices take into account the VAT applicable on the day of the order. They are therefore indicated including VAT. No other customs duty or VAT will be payable for a delivery within the European Union. Any change in the applicable rate may be reflected in the selling price of the products in the catalog. For a delivery outside of the European Union, the partner or client will have to discharge the customs duties, VAT or other taxes due at the time of the importation of the products in the country of the place of delivery. The Partner shall also be solely responsible for the related formalities, unless otherwise indicated. The partner is only responsible for the verification of the possibilities of importation of the ordered products with regard to the law of the territory of the country of delivery. An invoice will be established by Studio Caramel. The partner will have to specify the billing address of the invoice.

8- Payment

In the case of a service or special order (e.g. custom-made furniture) the payment of a deposit of 50% of the price including all taxes is due upon ordering. The balance of 50% of the price including all taxes is due upon delivery of the order (ex-works in the case of custom-made furniture). The partner or client undertakes to pay the price stipulated for the product ordered in the catalog (price of products and transport) and to pay or have paid, where appropriate, and directly to the forwarder or carrier, customs duties, VAT or other taxes due on the importation of products in the country of delivery. The partner pays his order by bank transfer.

9- Payment failure - Retention of title

The ordered products remain the property of Studio Caramel until the final and complete payment of their price in accordance with the law n°80-335 of May 12, 1980. Studio Caramel reserves the right to claim the ordered products in case of non-payment. In this hypothesis and on the first request of Studio Caramel, the partner or client commits to give back any unpaid product, all expenses at his charge.

10- Risk transfer

The transfer of risks to the partner or client occurs as soon as Studio Caramel gives the products to the carrier. The products travel at the risk of the partner or client. It is the same in case of sending or return of products made free of charge. During the withdrawal period mentioned in article 15 below, the partner or client is responsible for the goods as a guardian. In the event of deterioration or destruction of the product during the guard of the partner or client, the latter will undergo all the consequences of it.

11- Execution of the order

The order will be executed as soon as possible and in any case at the latest within 30 days after the confirmation of the order, subject to the availability of the ordered product and except specific agreement between the parties. In case of stock shortage or unavailability of the ordered product, Studio Caramel commits itself to inform the partner or client as soon as possible and to specify an availability period. The partner will confirm by email his choice either to wait for the availability of the product or to be refunded.

12- Shipping

The geographical area of delivery corresponds to the geographical area of coverage of the offer. The products are delivered to the address indicated by the partner on the purchase order. The delivery is considered carried out as of the handing-over of the product to the conveyor or carrier. The delivery note given by the carrier, dated and signed by the partner or client at the time of the delivery of the product will constitute a proof as regards transport and delivery. With the delivery, the partner will have to check the contents, the conformity and the state of the products. In case of delays, damages, total or partial losses, or any other problem, it is up to the partner or client to exercise any recourse with the carrier without the responsibility of Studio Caramel being ever put in question. Therefore, during the delivery, Studio Caramel recommends to the partner to proceed to the observation of the state of the delivered products before signing the acknowledgement of receipt of the parcel. If he notices anomalies, he must refuse the delivery of the products or issue handwritten, precise and dated reserves. These reserves will have to be confirmed with the carrier by registered letter with acknowledgement of delivery in the three (3) working days following the delivery of the products. A copy will be sent to Studio Caramel.

13- Force majeure

The following are expressly considered as cases of force majeure, in addition to those usually retained by the jurisprudence of the French courts: total or partial strikes, internal or external to the company, blocking of means of transport or supply for any reason whatsoever, governmental or legal restrictions, computer breakdowns, blocking of telecommunications including networks and particularly the Internet. The occurrence of a case of force majeure will initially suspend the execution of the order by operation of law. If after a period of three (3) months, the parties note the persistence of the case of force majeure, the order will be automatically cancelled, unless otherwise agreed by both parties.

14- Withdrawal of products in case of absence of the partner or client

In the event of absence of the recipient at the time of the delivery, the conveyor or carrier will deposit a transit advice note at the address of delivery indicated by the partner.

15- Complaints

The complaints for non-conformity of the delivered products with the order will have to be formulated in writing directly to Studio Caramel and that immediately at the time of the reception. The partner must keep the packaging and the delivery note. In case of error on the product, the partner or client commits himself to return the said product or the concerned products within 14 days following their reception to Studio Caramel under the condition that these are sent back without opening their packaging, in their original state and packaging with the accompanying documents. Upon receipt of the product in due form, Studio Caramel will send back, at its expense, the product initially ordered.

16- Right of withdrawal

The partner or client has a period of 14 days to exercise his right of withdrawal. This period concerns the cases of purchase by internet, by phone or by post. If you exercise this right, Studio Caramel commits to refund the ordered good or service. The partner or customer will have to return the goods to Studio Caramel at the latest in the 14 days following the sending of his intention to exercise his right of withdrawal and will have to pay the return postage of the returned goods.

17- Warranty

In order to avoid any inconvenience, the products are checked by Studio Caramel before being sent. However, the partner or client benefits from a contractual guarantee against all the defects that could present the delivered product for a period of 4 months from the delivery subject to a normal use. In any event, the sold products profit from the legal guarantee against the hidden defects envisaged by articles 1641 and following of the Civil code. For the implementation of the warranty, the partner returns the product to Studio Caramel at his own expenses by joining the original invoice. The product will be exchanged for an identical product and sent to the partner at the expense of Studio Caramel, except in case of stock shortage or disappearance of the product from the range proposed by Studio Caramel. In this last hypothesis, Studio Caramel will proceed to the refund of the product price to the partner or customer.

18- Personal informations - GDPR rights

In application of the provisions of the European General Data Protection Regulation of April 27, 2016 (2016/679) and in accordance with the Law n° 78-17 of January 6, 1978 relating to data processing, files and freedoms (as amended subsequently), the personal data collected from the Customers are necessary for the processing of orders and services and for their invoicing. This data can be communicated to the possible partners of Studio Caramel in charge of the execution, the processing, the management and the payment of the orders, which the partner or customer expressly accepts. The partner or customer has a permanent right of access, modification, rectification and opposition regarding the information concerning him. He can exercise this right by mail to : Studio Caramel SAS, 78 avenue des Champs Elysées, Bureau 562, 75008 Paris, or by e-mail at info@studio-caramel.com.

The purposes of the treatment for which the personal data are intended are the following: identification of the persons ordering or using the services accessible or not via the site, realization by Studio Caramel of the services used or ordered by the partner or customer, administration of the services ordered or used by the partner or customer, canvassing or sending information to the partner or customer

The personal data of the customer are protected by a secured computer system and kept by Studio Caramel within the limit of 36 (thirty-six) months as from the last order or provision of services made by the partner or customer via the site, date at the end of which the personal data are not kept anymore.

The automated processing of personal information on the site is recorded in a register of processing activities kept by Studio Caramel. The partner or customer is informed of his right to ask Studio Caramel for a copy of the data concerning him and, failing that, to lodge a complaint about the processing of his personal data with the Commission Nationale de l'Informatique et des Libertés (CNIL) at the following address: 3 Place de Fontenoy, 75007 Paris.

19- Signature

A handwritten signature with the mention "good for agreement" is required on each order form or quotation.

20- Proof

The computerized registers, kept in the computer systems of Studio Caramel in reasonable conditions of security will be considered as the proof of communication, orders and payments between the parties. The archiving of the purchase orders (or quotations) and invoices is made on a reliable and durable support that can be produced as proof.

21- Copyright

Studio Caramel is the owner of the intellectual property rights on the products present on its catalog, unless otherwise stated. Consequently, the partial or total reproduction, on any support whatsoever, of the elements composing the site and the catalog, their use as well as their provision to third parties are formally forbidden.

22- Entire contractual agreements

The present General Terms & Conditions express the entirety of the obligations of the parties. No other general or particular condition communicated by the partner or client will be able to integrate or derogate from the present General Terms & Conditions.

23- Non-waiver

The fact that Studio Caramel does not take advantage of a failure by the partner to one or several of its obligations could not be interpreted as a renunciation of the concerned obligations and to take advantage of this failure later.

24- Nullity

If one or more stipulations of the present General Terms & Conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations shall retain all their force and scope.

25- Disagreement

The present General Terms & Conditions are subjected to and governed by French law, both for the rules of substance and for the rules of form. In case of dispute and in the absence of amicable agreement between the parties, jurisdiction is expressly attributed to the courts of the jurisdiction of the head office of Studio Caramel, notwithstanding appeal in guarantee or plurality of defendants, even for the emergency procedures or the conservatory procedures in summary proceedings or by request.

Date of the last update of the General Terms & Conditions: 03/01/2021