Terms and Conditions of Sale8 March 2023 2023-04-20 11:47
Terms and Conditions of Sale
Terms and Conditions of Sale
ARTICLE 1 – SCOPE OF APPLICATION – GENERAL PROVISIONS
These general terms and conditions of sale (hereinafter referred to as the “General Terms and Conditions”) apply without restriction or reservation to all sales contracts:
- Concerning one or more goods (hereinafter the “Products”) marketed on the website www.fantastic-home.com (hereinafter the “Site”) by the company FANTASTIC SAS (hereinafter “Fantastic Home”), SAS with a capital of 20,000 Euros, whose registered office is located at 28 Traverse de Montporcher 71200 Le Creusot, France, and registered with the RCS of Chalon-sur-Saône under the number B 890 664 097
- And concluded with any Internet user (hereinafter the “Customer”) connected to the Site who wishes to make an online purchase and be delivered in metropolitan France or in Europe. The present General Conditions define the rights and obligations of Fantastic Home and of the Customer, with the exception of any other document and in particular the general conditions of sale applicable for the sales in store or by means of other circuits of distribution and marketing. These Terms and Conditions shall prevail over any other document.
The contract for the sale of one or more Products consists of:
- of these General Conditions and,
- of the order confirmation received by email by the Customer.
ARTICLE 2 – ENFORCEABILITY OF THE GENERAL CONDITIONS
The present General Conditions are accessible on the Site, in accordance with the provisions of article 1125 of the Civil Code.
The acceptance of the present General Conditions is made following their reading in the form of a double positive click, at the time of the validation of the order. The Customer thus declares to have read and understood the present General Conditions. The fact of placing an order on the Site thus implies full and unreserved acceptance of these General Terms of Sale.
In the absence of acceptance, no order can be finalized and no Product can be purchased by the Customer.
The Customer acknowledges that he/she has been fully informed that his/her agreement to the content of these General Conditions does not require the handwritten signature of this document, but results from his/her placing the order alone.
The Customer may save and reproduce these General Terms and Conditions of Sale.
ARTICLE 3 – MODIFICATION OF THE GENERAL CONDITIONS
Fantastic Home reserves the right to modify at any time the present General Conditions. The version of the General Conditions applicable to the sale will be the one in force and online at the time the Customer places the order.
ARTICLE 4 – CAPACITY
The purchase of the products marketed by Fantastic Home does not concern one of the acts of management of the daily life, in the sense of the provisions of the article 1145 of the Civil code. Consequently, the Customer declares to have the capacity to contract under the conditions described hereafter, i.e. to be an emancipated minor or to have the legal majority and not to be protected within the meaning of article 425 of the Civil Code.
ARTICLE 6 – ORDERING
6.1 PLACING THE ORDER
The Customer places his order in accordance with the specifications appearing on the Site. The order of the Customer will be considered as effective by Fantastic Home, as from the acceptance of the means of payment by the Internet site or the reception of the funds in case of payment by transfer.
6.2 PERSONAL INFORMATION
At the time of the order, the Customer agrees to provide the information requested and commits to its veracity. Fantastic Home could not be held responsible for possible errors of seizure of the Customer and the consequences which can lead to a delay or an error of delivery.
In order to ensure the security of the transactions and to prevent the frauds with the means of payment, Fantastic Home reserves the possibility of carrying out checks, as for the information seized at the time of the placing of order. Consequently, Fantastic Home will be able to ask the Customer, by telephone or by electronic mail, one or several supporting documents.
This request will have the effect of suspending the order while waiting for the transmission of these documents by email or by post.
In case of non-conformity of the supporting documents or in the absence of answer, Fantastic Home can cancel the order. This cancellation will not result in any payment of damages to the Customer: the Customer will only be reimbursed for the amounts paid.
6.3 TERMS OF PAYMENT
All items are payable in full by the Customer upon ordering.
- Payment can be made by secure credit card (Visa, Carte Bleue, Mastercard, American Express). Fantastic Home reserves the right not to accept foreign bank cards.
- The payment in 3 or 4 times without expenses by Visa or Mastercard is accessible for the orders included between ninety Euros (90€) and two thousand Euros (2 000€). The first monthly payment is directly debited by credit card. The remaining three or four monthly payments will be deducted from the Customer’s bank account via the imprint of the credit card used. It allows to spread the payment of the order in 3 or 4 debits according to the following schedule:
For the 3 times by credit card
- 1st payment: the day of the order: 1/3 of the amount of the basket
- 2nd payment: 30 days after the order: 1/3 of the amount of the basket
- 3rd payment: 60 days after the order: 1/3 of the amount of the basket
For the 4 times by credit card
- 1st payment: the day of the order: 1/4 of the amount of the basket
- 2nd payment : 30 days after the order : 1/4 of the amount of the basket
- 3rd deadline: 60 days after the order: 1/4 of the amount of the basket.
- 4th payment : 85 days after the order : 1/4 of the amount of the basket
- Payment must be made with a Visa or Mastercard credit card (excluding Electron, Maestro, American Express, e-CB and pre-paid cards)
- The credit card used must be valid within 90 days of the 1st due date.
- This offer is reserved for individuals (natural persons of age) and professionals residing in France or in a French department or territory.
- If the conditions of eligibility are met, the “payment in 3 or 4 times by credit card” is proposed at the stage of the payment choice. This solution is offered by Fantastic Home’s financial partner, Crédit Agricole E-Connection.
The order is firm for the Customer as soon as the order is validated, subject to the implementation of Article 9 “Right of withdrawal”.
The validation of the order by the Customer and the payment of this one lead to the reception of a confirmation email sent by Fantastic Home to the email address indicated by the Customer.
The data communicated by the Customer and recorded by Fantastic Home during the registration of the order constitute the proof of the transactions between the Customer and Fantastic Home.
The information in connection with the order is the object of a computerized treatment of data whose person in charge is Fantastic Home, in accordance with the provisions of the article 13 of the present General Conditions.
6.5 ESTIMATED DELIVERY DATE
Upon receipt of the confirmation email, the Customer will be informed of the approximate delivery time of his order.
For the products not held in stock and having to be the subject of a manufacture, the Customer will receive a new more precise time when his order will be taken into account by our manufacturers (in the days following the validation of the order).
Please note that delivery times may vary depending on the volume of orders and the time of year.
6.6 ORDER CANCELLATION
The order is firm for the Customer as soon as the order is validated, subject to the implementation of Article 9 “Right of withdrawal”.
However, on a commercial basis, Fantastic Home offers the possibility to the customer to cancel his order within forty-eight (48) hours after its validation. This faculty will be able to be carried out only on the totality of the order, it will not be able to be partial and will be able to be accepted only if and only if no goods left the Fantastic Home warehouses.
The cancellation request is made by using the email :
The refund of the order will be made within a maximum of fourteen (14) days.
6.7 ORDER TRACKING
As soon as he receives the order confirmation email sent by Fantastic Home, the Customer can, by clicking on the buttons ” MY ACCOUNT ” then ” MY ORDERS “, follow the evolution of his order and the delivery.
The Customer can also track his order by contacting directly the Customer Service firstname.lastname@example.org
ARTICLE 7 – PRICES AND PRODUCTS
7.1 CUSTOMIZATION OF FURNITURE PRODUCTS
Each product is made especially for each Customer after confirmation of his order. In the case of an order for products whose manufacture is specifically executed, the Customer may not request the cancellation of his order in accordance with Article L 221-28 of the Consumer Code, which excludes the possibility for the Customer to avail himself of his right of retraction.
7.2 PRODUCT INFORMATION
The products offered for sale online are those presented on the Site. The products are described with the help of descriptive cards and photos by Fantastic Home on the Site with the greatest possible accuracy. Fantastic Home indicates nevertheless to the Customer, that in spite of all the attention which it showed, the photographs cannot ensure a perfect similarity with the product proposed to the sale, in particular as regards the colors and the veinings of wood proper to each production. The differences can also result from the color quality of the photographs, the difficulty to make appear on the screen the rendering of the materials or even, without being exhaustive, the technical adaptation. These differences will not be able to be interpreted like defects of conformity, to involve the cancellation of the sale and to engage the responsibility of Fantastic Home.
Any order implies express and irrevocable acceptance of the description of the products.
7.3 PRODUCT AVAILABILITY
All furniture and decorative objects are manufactured after confirmation of the order, which implies an estimated delivery time of which the Customer is informed on each product description sheet.
The Customer takes note and accepts from now on that Fantastic Home will do its best to treat and to honour all the orders that he will have validated within the indicated delays.
In the hypothesis where, after the confirmation of the order by Fantastic Home, products would become totally or partially unavailable, Fantastic Home will inform the Customer by email of this unavailability.
In accordance with the article L 216-1 and following of the Code of the consumption, the Customer has the possibility of solving the contract, by registered letter with request for acknowledgement of receipt or by a writing on another durable support, if after having enjoined, according to the same modalities, the professional to carry out the delivery or to provide the service within a reasonable additional time, this last one did not carry out in this time.
Fantastic Home will proceed to the refund of the order within fourteen days following the date on which the contract was denounced.
The unavailability of the products will not engage the responsibility of Fantastic Home.
The prices indicated on the Site are expressed in euros, and include all taxes (TTC) including the VAT applicable on the day of the order as well as the eco participation. Any change in the VAT rate may be reflected in the price of the products.
The prices of the products do not take into account the delivery and installation costs which will be invoiced in addition to the selling price of the products (the delivery and installation costs are displayed on the Site and specified to the Customer at the time of his order), except for exceptions which will be specified on the Site.
For products delivered to Corsica, the French islands, Belgium, Switzerland, Germany, England or the Netherlands, additional costs for specific delivery preparation (delivery out of normal conditions and/or mandatory customs operations) may be applied. These rates will be specified in the purchase tunnel after entering the delivery address in this region.
The products are invoiced at the rate in force on the Site at the time of the recording of the order by the Customer. Fantastic Home reserves the right to modify its prices at any time, without notice, being understood that the price posted at the time of the order of the Customer will not be the subject of any modification.
ARTICLE 8 – DELIVERY
8.1 PRIOR TO DELIVERY OF THE ORDER
Prior to any order, the Customer must ensure that each product ordered can be delivered without difficulty and verify that the dimensions of the packages and products specified on the product sheet fit the constraints of his home (elevators, stairs, hallways, landing doors, room destination …). The Customer must thus take all useful measures for the good progress of the delivery.
By checking the box “I accept the general terms and conditions of sale and delivery”, the Customer certifies that the delivery of the items is possible under the normal conditions.
Any difficulty encountered during the delivery of the products for which the Customer is solely responsible has the effect of charging the Customer the costs related to a new delivery of products (redelivery, disassembly, passage through a window …).
8.2 DELIVERY TERMS
Decorative accessories, lighting and carpets
The delivery of the accessories of decoration in stock intervenes in the 2 to 5 days following the forwarding by conveyor or services of the Post office against signature, with the address indicated by the Customer at the time of its order.
The delivery of the products (furniture) can be carried out in Metropolitan France (Monaco included) as well as in the countries covered (Germany, United Kingdom, Switzerland, Belgium, Netherlands). The delivery and installation of the products is carried out at home and in the room of the Customer’s choice for France, Belgium, Switzerland, Germany and the Netherlands. . The carrier of Fantastic Home will contact the Customer in order to agree on a delivery day and a time slot. In case of absence of the Customer on the day of delivery, the Customer must contact the carrier at the latest the day before the appointment in order to agree on a new appointment.
At the time of the appointment with the carrier of Fantastic Home, the Customer will have to expressly indicate all difficulties of access that the carrier could meet.
Any additional costs related to the rental of elevators, delivery by aerial platform, will be charged to the Customer and invoiced by the carrier in addition to the sale price and delivery charges mentioned on the Site.
The Customer undertakes to be present on the day of the delivery agreed with the carrier and to check the conformity of his order upon receipt.
In case of absence of the Customer at the address indicated on the day of delivery, or in case of error committed by the Customer in the indication of the delivery address, the costs of a new delivery will be charged to the Customer.
The costs of a new delivery amount to the amount of the initial shipping costs, excluding any discount, indicated when placing the order on the site in France, Belgium, Switzerland, Germany, the Netherlands and England .
Similarly, in case of impossibility of delivery due to access difficulties not previously reported, the costs of a new delivery will be charged to the Customer.
In the event that an appointment for delivery cannot be made because of the Customer, fifteen (15) days after a formal notice has remained unsuccessful, the sale will be considered as resolved. Fantastic Home will then keep any amount paid.
The products are accompanied by a delivery note. An invoice will be made available to the Customer on the site in the days following the delivery.
8.3 DELIVERY AND INSTALLATION COSTS
Delivery and installation fees will be charged to the customer in addition to the products sold for a fixed amount, depending on the products ordered and the delivery address provided by the customer. These costs are indicated before the final validation of the order.
8.4 DELIVERY TIMES
Fantastic Home informs the Customer of the estimated delivery times on each descriptive card of the products presented on the site.
In case of problem of delivery, Fantastic Home commits itself to make its best efforts to inform the Customer of the possible overtaking of the delivery date.
Fantastic Home will not be able to engage its responsibility as soon as the delay of delivery is due to a case of absolute necessity.
8.5 UPON DELIVERY
The Customer must before proceeding to the signature of the delivery order :
- Check the apparent condition of the package(s).
- Check the condition of the products inside the package(s).
- To check the good conformity of the products compared to the delivery order on the one hand and the ordered goods on the other hand.
It is thus the responsibility of the Customer to carry out all the necessary verifications to judge the conformity of the products upon delivery. This verification is deemed to have been carried out as soon as the Customer has signed the delivery note.
In the event of anomalies noted at the time of delivery, the Customer must issue the necessary reservations, detailed, legible, as precise as possible (breakage, damage, non-conformity: error of Product, color and/or different dimensions; missing, etc.).
When the delivery is made by carrier, the Customer must state his reservations on the delivery note. In addition, the Customer also has the possibility of expressing any precise reservations concerning the delivered products at the latest within three days following the date of reception or withdrawal of the products.
In the absence of precise reservations formulated by the Customer, the delivery will be presumed to be in conformity, subject to the guarantees described in article 10 below.
ARTICLE 9 – RIGHT OF WITHDRAWAL
The Customer has, in accordance with the provisions of the article L 221-18 of the Code of consumption, a time of retraction of 14 clear days as from the reception or the withdrawal of the products to return it to Fantastic Home for exchange or refunding.
The return costs will be at the exclusive charge of the Customer.
On the other hand, the right of withdrawal cannot be exercised in accordance with the provisions of article L221-28 of the Consumer Code, when the Customer has placed an order for a product manufactured under the conditions described in article 7.1 above. In this context, no return of products will be accepted by Fantastic Home.
9.1 PRODUCT RETURN PROCEDURE
The Customer will have to assert his right of withdrawal by sending (by email or mail) to the Fantastic Home Customer Service having treated the order the withdrawal form reproduced hereafter, by joining any document attesting the date of reception of the products (ex: delivery order…).
You can use the model of withdrawal form available in the appendix of these General Conditions of Sale.
The Product(s) for which the Customer uses his right of retraction must be returned to the address communicated by Fantastic Home within a maximum delay of fourteen (14) clear days as from his retraction. The Customer must place all the products in their original packaging, in perfect condition and carefully prepare the return package(s).
Returns will be accepted only if the procedure for returning products is respected by the Customer.
The Customer will not be able to exercise his right of retraction if the returned products are unsuitable for a new commercialization because for example of an obvious deterioration.
When the delivery was carried out by carrier, the Customer can either return the products by his own means, or, when he is not able to do it, Fantastic Home places at the disposal of the Customer and at the expenses of this last one a service of resumption the cost of which amounts to the cost of the initial delivery except possible discount.
In the event of a return of the products by the Customer who has exercised his right of withdrawal in accordance with this article, the Customer assumes the risks of transport.
9.2 EXCHANGE, REFUND OF PRODUCTS
The Customer who has exercised his right of withdrawal has the choice either to ask for an exchange of the products or for a refund.
Exchange of the products :
If the Customer wishes an exchange of the products, the returns will be accepted by Fantastic Home only if the procedure of return described in the article 9.1 above is duly respected.
Once the return is accepted by Fantastic Home, the request of the Customer is taken care of by Fantastic Home. The new products will be delivered to the Customer within a reasonable delay which is function of the availability of the products (under 3 weeks if the product is in stock and under 12 weeks if Fantastic Home has to order it from its suppliers).
If the products ordered by the Customer are not available, Fantastic Home will inform him and will proceed to the reimbursement of the order in the conditions described below.
Product Refunds :
When the right of withdrawal is exercised, Fantastic Home commits itself to refund the Customer within fourteen days following the date on which this right was exercised, in accordance with the provisions of the article L. 121-21-4 of the Code of consumption, after having operated all the verifications of the products.
The method of reimbursement will be made according to the payment method chosen by the Customer, minus the cost of returning the products when the option of returning the products has been chosen by the Customer.
Any product that has been damaged by the Customer will not be refunded or partially refunded.
In accordance with article 7.1, all products made to order cannot be returned or refunded.
ARTICLE 10 – WARRANTY
The Fantastic Home warranty covers all items. Fantastic Home ensures that the product is fit for purpose:
- The structure that ensures the solidity of the product is guaranteed for 2 years.
- The coverings (leather, fabric, varnish, patinas…), the seams, the visible woodwork, are also guaranteed for 2 years.
In any case, the Customer benefits from the legal guarantee of conformity as well as the guarantee against hidden defects in accordance with the legal provisions in force of articles L.217-1 to L.218-2 of the Consumer Code and articles 1641 to 1649 of the Civil Code.
10.1 IN CASE OF LACK OF CONFORMITY
Fantastic Home is held to deliver products in conformity with the contract and answers for the defects of conformity existing at the time of the delivery of the products.
The action resulting from the defect of conformity is prescribed by 2 years as from the delivery of the Products.
In accordance with the provisions of Articles L.217-9 et seq. of the French Consumer Code, the Customer may choose between repairing or replacing the products.
In case of impossibility or of obviously disproportionate cost taking into account the value of the products, Fantastic Home is not held to proceed according to the modality chosen by the Customer.
However, the Customer may only return the Product and have the price refunded or keep the Product and have part of the Product refunded when the conditions set forth in Article L.217-10 of the Consumer Code are met, i.e. if:
The requested, proposed or agreed solution (repair or replacement) cannot be implemented within one month of the Customer’s complaint,
Or if this solution cannot be done without major inconvenience to the Customer given the nature of the product and its intended use.
10.2 IN CASE OF HIDDEN DEFECT
Fantastic Home is held of the guarantee because of the hidden defects of the sold thing which make it unfit for the use for which it is intended.
The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.
In accordance with the provisions in force in articles 1641 to 1649 of the Civil Code, the Customer has the choice of returning the item and having the price returned, or keeping the item and having part of the price returned.
Fantastic Home can also propose to the Customer the replacement of the products.
10.3 EXCLUSION OF WARRANTY
The warranty does not cover:
- Changes in the appearance of the covers and upholstery due to wear and tear and the use of the seat (softening or honing of the foams) under normal conditions of use (if applicable, in accordance with the existing “Furniture-Seats” certification rules).
- Residual distension of the leather at the most used seats, which is related to the stresses that the seat covers undergo during use.
- Discoloration, alteration or any change or deterioration in appearance due to:
- to the excessive action of natural or artificial light.
- the use of any maintenance product not adapted to the coating, as well as the non-respect of the maintenance conditions.
- external causes: domestic accidents, water damage, stains, burns, scratches, animals, etc…
- to a bad assembly, setting or adjustment or other interventions carried out by persons not authorized by Fantastic Home.
- to the action of sweat and natural perspiration of the body or to the action of seborrhea.
- The migration of shades and colors coming from articles put in contact with the leather of the seats whose color is not stabilized (clothing, plaid, “decorative” cushions, belts, handbags etc…).
- Deformations of seats, fixed or mobile mechanical structures, breakage of structures due to misuse or intensive overloads concentrated on a given point due to a particular or unusual characteristic use.
- Damage to elements such as zippers, inter-element fasteners, headrest or armrest racks and various accessories resulting from improper use.
- Damage caused intentionally by a user.
- Use in public or professional places, unless it is a model adapted to this use and specified on the order form
- The repairs or modifications which would have been carried out at the initiative of the customer by himself or by a company of his choice without an express written agreement of the Fantastic Home customer service.
In order to make the legal guarantee come into play, the Customer must inform Fantastic Home of the defect as soon as it appears by filling in the form available on the Site or by sending a letter with photographs to the Fantastic Home Customer Service.
The Customer shall comply with the conditions of return of the products described in article 6.1 above.
The expenses of return of the products are in charge of Fantastic Home.
In the hypothesis where the Customer chooses the replacement of the products within the framework of these legal guarantees, the expenses of delivery of the exchanged products are chargeable to Fantastic Home.
ARTICLE 11 – DISPUTES AND RESPONSIBILITIES
The Customer is held to check the exhaustiveness, the veracity of the information which he provides to Fantastic Home at the time of the order and in particular the address of delivery.
The Customer is responsible for the information provided at the time of registration and order. Fantastic Home can’t be held responsible for possible input errors which could cause delivery errors. If the delivery address turns out to be wrong or if the Customer decides to change the delivery address after the shipment of the products by Fantastic Home, the expenses of the new delivery will be charged to the Customer.
The choice and the purchase of the products by the Customer are under his only and unique responsibility. Consequently, the total or partial impossibility to use products in particular because of incompatibility of the product cannot give place to any compensation, refunding or questioning of the responsibility of Fantastic Home, except in the case of a proven hidden defect, a nonconformity, a defect or the exercise of the right of retraction envisaged by the provisions of the Code of the consumption
Fantastic Home could not be held responsible for all the inconveniences or damages inherent to the use of the Internet network, in particular a rupture of the service, an external intrusion or the presence of computer virus. Fantastic Home is not responsible for the contents of the Sites on which hypertext links can return from its own Site.
Fantastic Home will not be responsible for the damages resulting from the bad use of the products by the Customer or in case of fortuitous event or force majeure.
In accordance with the provisions of Article 1218 of the Civil Code, force majeure occurs when an event beyond the control of the debtor, which could not reasonably be foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the debtor from fulfilling his obligation.
In case of force majeure or fortuitous event, Fantastic Home commits to inform the Customer within seven (7) days of its occurrence. If this impediment continues beyond a period of fifteen (15) days, the Customer may request the cancellation of his order.
ARTICLE 12 – MEDIATION
In accordance with Article R 612-1 of the Consumer Code, the Customer may have free recourse to the mediation service CM2C 17 rue St Jean, 75017 PARIS , Tel 01 89 47 00 14for all claims already filed in writing with Seller’s customer service department within the last year and not satisfied.
ARTICLE 13 – LAW ON DATA PROCESSING, FILES AND LIBERTIES
The collection and processing of the Customer’s personal data, (hereinafter the “Data”) is carried out in strict compliance with Law No. 2018-493 of June 20, 2018 on the protection of individuals with regard to personal data amending Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms of January 6, 1978 to incorporate the provisions of Regulation (EU) No. 2016/679 of the European Parliament and of the Council on the protection of personal data and the free movement of such data and repealing Directive 95/46 EC of April 27, 2016 (the “Data Protection Act”).
In this respect, the Customer has the right to withdraw his consent to the processing of his Data at any time, as well as a right of access, a right of rectification, a right to erasure, a right to limitation of processing, a right to portability of his Data and a right of opposition. These rights can be exercised, as regards the Data collected and treated by Fantastic Home, by writing to the address :
Fantastic Home Customer Service 28 Traverse de Montporcher 71200 Le Creusot FRANCE
For more information, the Customer should refer to the “PRIVACY AND PERSONAL DATA PROTECTION CHARTER, COOKIES AND CONNECTION DATA” available at http://www.fantastic-home.com/privacy-policy/
ARTICLE 14 – INTELLECTUAL PROPERTY
All the elements of the Site are and remain the intellectual and exclusive property of Fantastic Home and its assignees.
The Customer is not authorized to reproduce, exploit, distribute, or use for any purpose whatsoever, even partially, the elements of the Site whether they are software, visual or sound. The texts, images, drawings and layout as well as the graphic charter of this Site are protected by intellectual property law. It is forbidden to copy, extract, distribute, modify or adapt the content of the Site.
Downloading and printing of text, images and graphics is permitted for private, non-commercial use only. The reproduction of designs, images, sound documents, video sequences and texts in other electronic or printed publications requires the prior written consent of Fantastic Home.
The lack of authorization is punished by the offence of counterfeiting. The brands and logos appearing on the Site are registered and protected trademarks. Any total or partial reproduction of these marks and/or logos, carried out starting from the elements of the Site without the authorization express of Fantastic Home is constitutive of the offence of counterfeit sanctioned by the articles L335-2 and following of the Code of the intellectual property.
The databases established by Fantastic Home are protected by the copyright as well as by the law of July 1st, 1998 transposing in the Code of the intellectual property of the European directive of March 11th, 1996 relative to the legal protection of the databases. Any extraction can only be limited and done for private purposes. Any simple or hypertext link is strictly prohibited.
Consequently, the Customer may only access and display the contents of the database and any other element of the Site for non-commercial and private use.
A cookie is a small file containing textual information that is stored on your hard drive when you visit a website.
If you wish, you can block cookies by changing the preferences in your web browser.
ARTICLE 16 – SEVERABILITY OF CLAUSES
The fact that any clause of the General Conditions becomes null, void, illegal or inapplicable due to a law, a regulation or following a final decision of a competent court, will not call into question the validity, the legality, the applicability of the other stipulations of the present General Conditions which will remain in force.
The Customer shall remain bound to perform its contractual obligations and shall not, in this respect, be entitled to any exemption from liability.
ARTICLE 17 – NON-WAIVER
The fact that Fantastic Home does not prevail at one time of any provision of the General Conditions, cannot be interpreted as being worth renunciation to prevail later on of this provision or to hinder the exercise by Fantastic Home of any other right or privilege.
ARTICLE 18 – LANGUAGE, APPLICABLE LAW AND JURISDICTION
The General Conditions are written in French. In the event that they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
The General Conditions are exclusively subject to French law.
The parties will seek, before any litigation, a possible amicable agreement.
In the absence of an amicable agreement, any dispute relating to the formation, execution, interpretation and termination to which the General Conditions could give rise, even in the event of recourse to a guarantee or multiple defendants, shall fall under the exclusive jurisdiction of the French courts.
APPENDIX – SAMPLE WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract)
To the attention of
Fantastic Home Customer Service,
28 Traverse de Montporcher
71200 Le Creusot
email : email@example.com
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*)/services (*):
Ordered on ( / / ) received on ( / / ) :
(only in case of notification of this form on paper) :
(*) Cross out what is not applicable.