Terms and conditions of sale

Name:
Ébénisterie Auboi: refers to SARL Auboi, a cabinetmaking company, 160 rue de la Chapelle, 76190 AUZEBOSC, SIRET No. 402 895 056 000 32, registered with the Rouen Trade and Companies Register, established on 27 November 1995, Intra-Community VAT No. FR93 402 895 056, which publishes and operates the website https://www.auboi.com, hereinafter referred to as the Seller. Ébénisterie Auboi can be contacted by email at: info@auboi.com or via the contact form on the website, and by telephone on 02 35 56 20 75 from Monday to Friday, 9 am to 5 pm (local call rates apply).
The Customer: means any person who places an order for product(s) with Ébénisterie Auboi
The General Terms and Conditions of Sale (GTC) are governed by French law to the exclusion of any other law. For all sales within the European Union, the applicable law shall be Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I), and all relevant directives, in particular Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts and Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights.

Article 1: Purpose / These general terms and conditions of sale set out the rights and obligations of Ébénisterie Auboi and its Customer in relation to the sale of the following goods: workshop furniture, storage furniture and other furnishings. Any service provided by the Seller implies the Customer’s unreserved acceptance of these general terms and conditions of sale. The Seller reserves the right to modify its products and to withdraw them from the market.
The Terms and Conditions are available on the Seller website: www.auboi.com. Specific terms and conditions may apply to certain products. In such cases, the Customer will be informed in advance. Any order for products implies, where applicable, acceptance of the relevant specific terms and conditions.
The Seller reserves the right to amend or modify these Terms and Conditions at any time.
In the event of any changes to the Terms and Conditions, the applicable version is the one published online on the website at the time the order is placed.

Article 2: Products / The products available for order are displayed on the website and in the product descriptions sent at the Customer’s request by email or post. The Seller takes the utmost care in presenting and describing these products to provide the Customer with the best possible information, so that the Customer is aware of the essential characteristics of each Product before placing a final order. For technical reasons (photographic and IT-related), the actual appearance of the products may sometimes differ slightly from that shown in the photographs on the website. The photographs and images of the products on the website and in the product specifications are not contractually binding. The customer acknowledges that the photographs and images may not perfectly reflect the appearance of the product, or that the actual visual impression may differ slightly from that shown in the photograph or image. The customer should refer to the product specifications set out in the description. The customer may contact the Seller using the contact details provided on the website for any queries or to request further information about the products.

Article 3: Prices / The prices of our products are quoted in euros, inclusive of all taxes (VAT and other taxes applicable on the date of the order and depending on the country of destination), unless otherwise stated, and exclude handling and delivery charges (mainland France and Corsica). For the French overseas departments and territories, please contact the Seller.
Where delivery is to an EU country (excluding France), the prices of our products are quoted in euros, excluding tax and excluding handling and delivery charges.
In accordance with the European regulations in force since 1 July 2021, the VAT applicable in the country of destination will be added to the order for EU customers.
For customers outside the EU, no VAT will be added by the seller. The VAT applicable in the country of destination will be charged directly to the Customer by the relevant authorities upon arrival of the goods in the country of destination, unless otherwise provided for by international agreements. Customs duties (export and import duties) will be included in the delivery charges.
All orders, regardless of their origin, are payable in euros. The Seller reserves the right to amend its prices at any time. However, it undertakes to invoice the goods ordered at the prices quoted at the time the order is placed.

Article 4: Discounts and rebates / The quoted prices include any discounts and rebates that the Seller may grant, depending on its commercial policy or the services provided by the Customer.

Article 5: Cash discount / No cash discount will be granted for early payment.

Article 6: Ordering Procedures / Before proceeding with a purchase, you will be asked to read the General Terms and Conditions of Sale carefully. The order will be processed upon receipt of the signed quotation, by post or email, or of an email of acceptance quoting the quotation number. The Seller reserves the right to refuse any request to amend an order after the order has been confirmed. Should such a request be accepted, the originally scheduled delivery times will be revised to ensure the new order is fulfilled. Any order confirmation implies the Customer’s full and unconditional acceptance of these General Terms and Conditions of Sale, without exception or reservation.

Article 7: Right of withdrawal / This article applies solely to consumer Customers as defined in the Consumer Code. In accordance with Articles L. 221-18 et seq. of the Consumer Code, the consumer Customer has a period of fourteen (14) days from receipt of the product by themselves or by a third party designated by them, other than the carrier, to exercise their right of withdrawal, without giving any reason and without incurring any costs other than the direct costs of returning the product. To exercise this right, the Customer must notify the Seller of their decision to withdraw from the contract, before the expiry of the aforementioned period, by means of an unambiguous statement sent either by post to the following postal address: Ébénisterie Auboi, 160 rue de la Chapelle, 76190 AUZEBOSC, or by email to: info@auboi.com. The Customer may use the withdrawal form set out at the end of these T&Cs (Article 18), although this is not mandatory. Should the Customer exercise their right of withdrawal, they must return or hand over the relevant product(s) without undue delay and no later than fourteen (14) days following notification of their decision to withdraw. Products must be returned in their original condition, complete, and properly protected and packaged. The Customer shall only be held liable for any depreciation resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the products. The Seller shall refund the Customer the full amount paid, including the initial standard delivery charges, without undue delay and no later than fourteen (14) days from the date on which it is notified of the decision to withdraw. In the case of contracts for the sale of goods, however, the refund may be deferred until the goods have been recovered or until the Customer has provided proof of their dispatch, whichever occurs first. The refund shall be made using the same payment method as that used when placing the order, unless the Customer expressly agrees to another method and provided that this refund does not incur any costs for the Customer. In accordance with Article L. 221-28 of the Consumer Code, the right of withdrawal does not apply to goods made to the Customer’s specifications or which are clearly personalised, in particular personalised adaptations of the furniture on offer and bespoke items. Business Customers have no statutory right of withdrawal, unless otherwise required by law or expressly agreed by the Seller.

Article 8: Payment Terms / If the purchase is made via the online shop, payment can be made either by credit card, bank transfer or by cheque if you are resident in France. For orders placed via the contact form, by email or by telephone, payment can be made either by bank transfer or by cheque if you are resident in France. When placing an order, the Customer must pay a 30% advance payment of the total order amount, with the balance payable no later than forty-eight (48) hours before dispatch of the goods. Any bank charges relating to payment by bank transfer or credit/debit card are payable by the customer.
At the Customer’s request, the Seller may offer payment by instalments; the number of instalments is agreed with the Customer and specified in the quotation or in the order confirmation. Unless otherwise expressly agreed, the number of instalments may not exceed four (4). This payment schedule merely constitutes an arrangement regarding the terms of payment and shall not be regarded as a credit facility. The order becomes firm and final upon receipt of the first payment corresponding to the advance payment specified in the quotation.
The Customer undertakes to pay the total price in accordance with the payment schedule agreed in the contract. All payments shall be made by bank transfer, by cheque or by any other means accepted by the Seller. Failure to meet a payment deadline shall render the entire outstanding amount immediately payable.
Conditions for Commencing Production
Production of the products is conditional upon receipt of all cheques or upon actual receipt of a percentage of the total price, as specified in the quotation. Unless otherwise specified, this threshold is set at 70 per cent of the total amount including VAT.
Delivery Terms
Delivery or provision of the products is subject to full payment of the price. No products will be dispatched until full payment has been received.
Non-payment
In the event of non-payment of an instalment by its due date:
• the Seller reserves the right to suspend fulfilment of the order,
• to postpone commencement of production or delivery,
• or even to terminate the order automatically following a formal notice that has remained unheeded.
Any sums already paid may be set off against the costs incurred and, where applicable, against the actual loss suffered by the Seller, in accordance with the applicable mandatory legal provisions, particularly where the Customer is a consumer.

Article 9: Late Payment / For business customers only, any sum not paid by its due date shall, automatically and without prior notice, be subject to late payment penalties calculated at a rate equal to three times the statutory interest rate. These penalties shall accrue from the day following the payment date stated on the invoice and shall be calculated on the outstanding amount including VAT. A fixed compensation payment of forty (40) euros for recovery costs is also automatically payable, without prejudice to the Seller’s right to claim additional compensation, subject to proof, where the recovery costs incurred are higher. For consumer Customers, the fixed penalties set out in this article do not apply; in the event of non-payment, the Seller may suspend fulfilment of the order or invoke the provisions of these terms and conditions, subject to any applicable mandatory legal provisions.

Article 10: Termination clause / In the event of persistent non-payment fifteen (15) days after a formal notice has been sent and has remained unheeded, the Seller may suspend fulfilment of the order or terminate the sale as of right. Any sums already paid shall then be set off against the costs incurred and, where applicable, against the actual loss suffered by the Seller, in accordance with the applicable mandatory legal provisions, in particular where the Customer is a consumer.

Article 11: Retention of title clause / The Seller shall retain title to the goods until full payment of all sums due, including the principal amount and any ancillary charges, has been received. Accordingly, should the Customer become subject to administration or compulsory liquidation, the Seller reserves the right to reclaim, within the framework of the insolvency proceedings, any goods sold that remain unpaid.

Article 12: Delivery / Before placing any order, the Customer must check that the products ordered can be delivered without difficulty to the destination and that the dimensions of the parcels are compatible with the access requirements for their street, home or premises (doors, corridors, staircases, lifts, landings, external access points or any other specific constraints).
The Customer undertakes to provide the Seller with any relevant information necessary to ensure the smooth delivery of the goods.
Confirmation of the order constitutes acknowledgement by the Customer that the standard conditions for access and delivery have been met.

Delivery methods
The Customer may choose between:
• Standard Delivery: delivery by courier service to the doorstep or the entrance of the building, by appointment in accordance with the carrier’s terms and conditions;
• Premium Delivery (available in mainland France only, excluding Corsica): delivery inside the home to the room specified by the Customer, carried out by two people, including unpacking, a visual inspection of the products and the removal of packaging;
• Collection from the Seller’s workshop: direct collection of the goods by the Customer or their representative from the Seller’s premises at 160 rue de la Chapelle, 76190 AUZEBOSC, France.

Delivery Terms, Access Conditions and Customer Liability
Any access difficulties not previously reported to the Seller or the carrier, any failure to be present at the agreed time, any error in the delivery address or incorrect information, or any inability to deliver attributable to the Customer may result in additional charges being borne by the Customer.
These costs may include, in particular:
• redelivery charges;
• storage charges;
• the cost of returning goods;
• costs associated with the deployment of additional staff or technical resources;
• the cost of hiring forklift trucks, aerial work platforms or other specialist equipment.
The amount of these charges will be communicated to the Customer once the carrier’s rates have been provided. In the event of redelivery to a different address, the delivery costs will be charged to the Customer.

In the event of unforeseen circumstances beyond the Seller’s control that prevent delivery, the Customer must contact the after-sales service to agree on the arrangements for storage, redelivery or return of the products.

Changes to the delivery address
Any request to change the delivery address after the order has been handed over to the carrier will result in the full cost of any additional charges applied by the carrier being invoiced.

Delivery times
The delivery times provided when the quotation is drawn up or the order is placed are given as accurately as possible, taking into account manufacturing and transport constraints.
For business Customers, delivery times are provided for guidance only, unless otherwise expressly agreed in writing.
For consumer Customers, the Seller shall deliver the goods on the date or within the timeframe specified at the time of the order. In the absence of any indication or agreement regarding the delivery date, the goods shall be delivered without undue delay and no later than sixty (60) days following the conclusion of the contract.
• In the event that the Seller fails to fulfil its obligation to deliver by the applicable date or within the applicable time limit, the Consumer Customer may suspend payment of all or part of the price in accordance with the law, and may then terminate the contract after having given the Seller formal notice to effect delivery within a reasonable additional period, which has passed without result.
The consumer Customer may, however, terminate the contract immediately where the Seller refuses to deliver the goods, where it is clear that the Seller will not deliver the goods, or where the delivery date or period constituted an essential term of the contract for the Customer.
Where the contract is terminated in accordance with the legal provisions applicable to consumers, the Seller shall refund all sums paid no later than fourteen (14) days following the date on which the contract was terminated.

Receipt of goods
Upon receipt of the goods, the Customer is required to check the apparent condition of the parcels and products. In the event of damage, deterioration or missing items attributable to transport, it is the Customer’s responsibility to make precise, complete and detailed reservations on the delivery note presented by the carrier. It is also recommended that the Customer send a reasoned complaint to the carrier by registered post within three (3) working days of receipt, in accordance with Article L. 133-3 of the French Commercial Code, and inform the Seller without delay in order to facilitate the handling of the matter.
These transport formalities do not affect the consumer Customer’s rights under the applicable statutory guarantees. No provision herein shall have the effect of depriving the consumer Customer of their statutory rights regarding conformity, hidden defects or the Seller’s liability.

Transfer of risk
Unless the consumer Customer chooses a carrier other than the one proposed by the Seller, all risk of loss or damage to the goods passes to the consumer Customer at the moment when the consumer Customer, or a third party designated by them, takes physical possession of the goods.
Where a consumer Customer entrusts the goods to a carrier other than that proposed by the Seller, the risk of loss or damage passes to the Customer upon handover of the goods to the carrier. For business Customers, the transfer of risk takes place in accordance with the terms agreed between the parties and, failing that, in accordance with the applicable legal provisions. For consumer Customers, the rules relating to delivery and termination of the contract are set out in particular in Articles L. 216-1, L. 216-6 and L. 216-7 of the Consumer Code.

Article 13: Force majeure / The Seller shall not be held liable if the non-performance or delay in the performance of any of its obligations results from a case of force majeure within the meaning of Article 1218 of the Civil Code. Force majeure in contractual matters occurs when an event beyond the debtor’s control, which could not reasonably have been foreseen at the time the contract was concluded and the effects of which cannot be avoided by appropriate measures, prevents the performance of their obligation.

Article 14: Intellectual Property / The content of the website is the property of the Seller and is protected by French and international intellectual property laws. Any reproduction, in whole or in part, of this content by any person – whether a purchaser, user or mere visitor to the website – is strictly prohibited and may constitute an offence of copyright infringement. Furthermore, the Seller retains ownership of all intellectual property rights in the designs, drawings, models, prototypes, etc. produced (even at the Customer’s request) for the purpose of supplying bespoke products. The Customer shall therefore refrain from any reproduction or use of the said studies, drawings, models and prototypes, etc., without the express, prior written authorisation of the Seller, which may make such authorisation conditional upon financial compensation.

Article 15: Consumer Mediation and Competent Jurisdiction / In the event of a complaint, the Customer is invited to contact the Seller in the first instance, using the contact details set out in these General Terms and Conditions, in order to seek an amicable resolution. In accordance with the provisions of the Consumer Code, the Customer, as a consumer, has the right to seek the assistance of a consumer mediator free of charge. In the event of a dispute between the trader and the consumer, both parties shall endeavour to reach an amicable solution.

If no amicable agreement can be reached, the consumer may refer the matter free of charge to the consumer mediator responsible for the trader in question, namely AME CONSO, within one year of the written complaint being sent to the trader.
A referral to the consumer mediator must be made:
– either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com;
– or by post addressed to AME CONSO, 197 Boulevard Saint-Germain, 75007 Paris.

For consumer Customers, in the absence of an amicable settlement, the rules on territorial jurisdiction set out in the Consumer Code and the Code of Civil Procedure shall apply. For business customers, any dispute relating to the interpretation, performance or termination of these General Terms and Conditions shall fall within the exclusive jurisdiction of the courts of Rouen, unless otherwise required by mandatory law.

Article 16: Statutory guarantees / To make a claim under the statutory guarantees, the consumer may contact: Ébénisterie Auboi, 160 rue de la Chapelle, 76190 AUZEBOSC – Tel.: 02 35 56 20 75 – Email: info@auboi.com.
The consumer is entitled to the statutory guarantee of conformity under the conditions set out in Articles L. 217-1 to L. 217-32 of the Consumer Code, as well as the statutory guarantee against hidden defects under the conditions set out in Articles 1641 to 1649 of the Civil Code.
In the event of a lack of conformity, the consumer may request that the goods be repaired or replaced and, in the cases provided for by law, a price reduction or the termination of the contract. In the event of a hidden defect, the consumer may request the termination of the sale or a price reduction in accordance with the law.
Furniture manufactured by the Seller is handcrafted from natural materials. Variations in colour, grain, knots and texture, or natural changes in the wood, do not constitute a lack of conformity provided they do not affect the normal use of the product.

Article 17: Eco-contribution / This registration number confirms that the Seller, as a member of Eco-mobilier, complies with its regulatory obligations under Article L. 541-10-1 (10°) of the French Environmental Code. This number guarantees that Auboi, as a member of Eco-mobilier, complies with the regulatory obligations incumbent upon it pursuant to Article L 541-10-1 10° of the Environment Code. This eco-contribution applies to French Customers.