Terms & Conditions
GENERAL TERMS AND CONDITIONS OF SALE – TECTONA S.A.
Version in force on 1 October 2024
ARTICLE 1 - PREAMBLE
The present General Terms and Conditions of Sale (hereinafter “GTCS”) govern the relationship between, on the one hand, Tectona SA, a public limited company registered with the Registre du Commerce et des Sociétés de Paris under number 353 798 523 with registered office address 36 rue du Bac, 75007 Paris, France (hereinafter “Tectona” or “we”) and, on the other hand, any natural or legal person (hereinafter the “Customer”) who has placed an order on the website www.tectona.net (hereinafter “Website”), by email or telephone after consulting the catalogue or in person at a physical point of sale of Tectona products.
Tectona and the Customer will be referred to jointly as the “Parties”.
The present GTCS are applicable to all Consumers, Non-Professionals and Professionals as these terms are defined in the introductory section of the Consumer Code. However only Consumer Customers and Non-Professional Customers can invoke the provisions in the Consumer Code intended for their benefit and that are reproduced in the present GTCS.
The present GTCS and the quote constitute the entirety of the sales contract between Tectona and the Customer and as such prevail over any other contractual documents having the same purpose.
ARTICLE 2 - ORDERS
2.1 Orders placed at physical points of sale
After a Consumer or Non-Professional Customer places an order at a physical point of sale of Tectona products, he will receive a quote (or order summary), to which are attached the GTCS, before order confirmation. The order is considered confirmed when the Customer expressly accepts the quote (or order); this acceptance also implies acceptance without reservations of the present GTCS that were attached. A dated and signed copy of the quote (or of the order summary) is passed on to the Customer on a durable medium for safekeeping.
2.2 Orders placed remotely (excluding the Website)
Other than the Website, orders can be placed remotely in any of the following ways:
By telephone: +33 (0)1 47 03 05 05;
By email to: info@tectona.fr;
By post to: Tectona - Service Clients, 36 rue du Bac, 75007 Paris, France.
After a Consumer or Non-Professional Customer places an order remotely using one of these ways, he will receive a quote (or order summary) on a durable medium to which are attached the GTCS before order confirmation. The order is considered confirmed when Tectona receives the Customer’s express acceptance of the quote (or order summary); this acceptance also implies acceptance without reservations of the present GTCS that were attached.
2.3 Orders placed remotely on the Website
For orders placed on-line via the Website, the GTCS are communicated to the Customer when the order is placed and are presumed to have been entirely accepted when the Customer confirms the order.
To place an order on the Website, the Customer selects the products he wishes to buy then adds them to the shopping cart by clicking on “Add to cart”. The Customer can view and edit the contents of his order at any time by clicking on the basket icon.
Before finalising his order, the Customer can check its detailed contents, its total price and the total amount of any charges applicable (such as a delivery charge). The Customer can correct any errors, cancel his order or finalise it by first clicking on “My cart”.
To confirm his order, the Customer must provide his contact details and the invoice and delivery addresses, and check the box “I have read and accept the terms and conditions and the privacy policy”.
Customers who already have a registered account must identify themselves by entering their email address and password.
Confirmation of the order implies full acceptance of the GTCS without reservations.
The Customer can then proceed to payment of his order by either credit card or bank transfer in the “Payment” section.
The order is recorded and the contract comes into being at the moment the Customer pays the entire balance of his order.
ARTICLE 3 - PRODUCTS
3.1 PRODUCT DESCRIPTIONS
The essential characteristics of products, notably specifications, illustrations, dimensions and fabrics/materials used, are contained in the product sheets viewable on the Website, in the catalogue or at physical points of sale.
Photographs and graphics of products are not contractual and therefore do not engage the liability of Tectona.
The Customer should refer to the description of each product to find out its characteristics, key particularities and the estimated delivery time.
Tectona reserves the right to modify the products shown on its Website and in flyers and catalogues. In case of modifications, the Customer will be informed about the modifications before he confirms his order or, if he has already ordered the product, when he receives the purchase order. He can then either cancel the order or proceed with the order for the modified product.
3.2 SPECIAL PRODUCTS
After ordering a Special Product, that is a product made to the Customer’s specifications (for example, using a custom finish or custom dimensions), the Customer receives a quote drawn up by Tectona’s Technical Production Workshop. Any product or product variant (e.g. particular dimensions or material) that is not included in the “Specifications” booklet should be considered a Special Product. A delivery time is provided for each Special Product on a case-by-case basis. For orders of Special Products, the Customer is asked to pay 50% of the total amount of the order in advance as confirmation.
Returns or refunds are not permitted for Special Products or any other product or product variant not included in the “Specifications” booklet.
3.3 NON-AVAILABLE PRODUCTS
In the unlikely event that a product ordered is out of stock or has been discontinued, Tectona will immediately inform the Customer after receiving his order. The order will be cancelled automatically and, if payment had already been made, the Customer will be refunded the amount within fourteen (14) days.
ARTICLE 4 - PRICES
Tectona prices are given in euros and unless otherwise indicated include taxes and exclude delivery and assembly charges. The customer shall be responsible for paying levies, taxes, duties or other services of any nature arising from the agreed-upon sale, by application of the legislation and regulations applicable in France or in the buyer’s country, or in the country/countries of transit.
For orders to countries other than mainland France, the Customer is the importer of the product(s).
For products to be delivered outside the European Union or outside French Overseas Departments and Territories, the price is automatically calculated without VAT. Customs duties or other local taxes or import duties or State taxes are likely to be imposed. These are the sole responsibility of the Customer, who must bear their cost. It is the Customer’s responsibility to find out about conditions of importation and to declare his purchase to the authorities of his country.
Prices in the Tectona catalogue are guaranteed from 1 January to 31 December of the corresponding year.
ARTICLE 5 - PAYMENT
5.1 PAYMENT METHODS
The Customer can pay his order by bank transfer or payment card.
Cards issued by banks based outside of France must be international bank cards (Mastercard or Visa). If the Customer places an order on the Website and selects to pay by bank card, he must provide the bank card data.
By communicating his payment information during the order process, the Customer expressly authorises Tectona to debit the full amount of the order from his bank account when the order is confirmed. In accordance with the provisions of the Monetary and Financial Code, the engagement to pay given by card is irrevocable.
5.2 PAYMENT CONDITIONS
The total amount of the products and any other costs (such as a delivery charge) becomes due immediately after the order is confirmed by the Customer.
Invoices are issued in the name of the Customer.
The address on Tectona invoices is always that of the registered office (a different address may appear on the purchase order).
5.3 NON-PAYMENT AND RETENTION OF TITLE
For the purposes of this article, “payment” occurs when funds due are deposited to Tectona’s account, on the agreed-upon date.
The products remain the property of Tectona until full payment of the invoice has been received.
In case of late payment or non-payment (for example, if the bank refuses to honour the transaction or if the Customer requests cancellation of the transaction), Tectona reserves the right to suspend all of the Customer’s orders and to dissolve the sale without notice or compensation and to demand that the Customer return the product(s) at his cost.
In addition, by virtue of article L. 441-10 of the Commercial Code, the existence of sums remaining unpaid by a Professional Customer on the due date shall, by operation of law, make the Customer liable, without prior notice, to pay late payment interest at the interest rate applied by the European Central Bank at its most recent refinancing operation plus 10 percentage points and in all cases at a rate not lower than three times the legal interest rate, to Tectona (the principal, interests and costs), and to pay a fixed sum of forty (40) euros as a collection fee.
A late payment by a Consumer Customer will make him liable to pay late payment interest to Tectona at the legal rate in accordance with the provisions of the Civil Code.
ARTICLE 6 - DELIVERY
6.1. DELIVERY CHARGES
6.1.2. For Non-Professional Customers in mainland France
Standard Delivery
Under the Standard Delivery service, goods are delivered but are not unpacked or assembled. The transport company will deliver the goods to the most accessible or nearest location to the address provided; the service includes unloading at ground-floor level but excludes transport to higher floor levels.
The delivery charge varies. For orders:
- up to and including €200 incl. VAT: you will be charged €15 incl. VAT;
- over €200 and up to and including €1200 incl. VAT: you will be charged €45 incl. VAT;
- over €1200 and up to and including €2500 incl. VAT: you will be charged €80 incl. VAT;
- over €2500 incl. VAT: free delivery to mainland France.
A supplementary charge of €100 incl. VAT is applied to deliveries to islands – including Corsica – that accept vehicles. For vehicle-free islands (Mont Saint-Michel, Chausey, Bréhat, Batz, Molène, Sein, Houat et Hoëdic, Aix, Embiez, Port-Cros, Levant, Lérins), goods are delivered to the quay.
Comfort Delivery
This service is only available for orders higher than €200 incl. VAT.
The service includes delivery to the address, to any floor, and includes unpacking, installation at the desired location, verification of correct functioning of furniture (excluding showers). The service also includes removal of packaging.
Comfort Delivery is only available for deliveries in mainland France.
The delivery charge varies. For orders:
- over €200 and up to and including €1200 incl. VAT: you will be charged €150 incl. VAT for the service without assembly;
- over €1200 incl. VAT: you will be charged 9% of the order amount and in all cases a minimum of €290 incl. VAT for the service with assembly;
- over €20,000 incl. VAT: the Comfort Delivery service is provided free of charge.
Comfort Delivery is not applicable to after-sales service.
6.1.2. For (i) Non-Professional Customers outside mainland France and (ii) all Professional Customers
A quote will be provided by Tectona for all deliveries outside mainland France or to Professional Customers.
6.2 DELIVERY TIMES AND MODALITIES
Products are placed on sale by Tectona for the following territories: France, Member-States of the European Union and all other States that fully authorise the entry of products offered by Tectona on their territory.
The deliveries are made to the address provided by the Customer. The Customer undertakes to be present at the time and place agreed upon for the delivery.
The Customer shall be liable to pay supplementary charges for reshipment and delivery in the following cases:
- non-delivery due to the Customer not being present at the agreed-upon time and place for the delivery and not providing a legitimate reason for his absence;
- a non-valid delivery address was provided by the Customer and this led to the package being returned due to non-receipt at the provided address;
- it was impossible for the transport company to deliver the products owing to a reason attributable to the Customer.
For deliveries to France, typical delivery times are as follows:
- For Standard Delivery: ten (10) working days for mainland France and twenty (20) working days for Corsica from the day the order has been paid and received in full;
- For Comfort Delivery: between fifteen (15) and twenty (20) working days from the day the order has been paid and received in full.
For deliveries to locations outside mainland France, the delivery time varies according to the delivery address. In all cases, the Customer will be informed of the delivery time before order confirmation.
Delivery data are stored for ninety (90) days.
Delivery times are not guaranteed.
Consumer and Non-Professional Customers cannot invoke late delivery as a reason for refusing goods unless the delay is longer than thirty (30) days from the day the order was paid and received in full.
6.3 TRANSFER OF LIABILITY
If the Customer is a Professional, the Customer assumes all the risk during transport of the goods, notwithstanding the stipulation concerning retention of title in the GTCS.
If the Customer is a Consumer or a Non-Professional, liability is transferred on the day the goods are delivered.
ARTICLE 7 - RESERVATIONS ABOUT DELIVERED PRODUCTS
When the Customer receives the delivery, he should check that the delivered goods are as ordered and also the condition of the goods and their packaging.
If the Customer observes any anomalies or non-conformities, of any type, it is essential that he report them to the transport person before either accepting the delivered goods or refusing them. The Customer must write down his reservations, which should precisely describe the observed damage, on the delivery note, a copy of which will be handed to the Customer.
Subsequently the Customer must confirm his reservations within forty-eight (48) hours from receipt of the goods by sending a recorded letter with acknowledgement of receipt to Tectona SA, 36 rue du Bac, 75007 Paris, France, providing the proof of the observed anomalies.
If the goods have an obvious anomaly or defect, Tectona may decide at its own discretion to repair, replace or refund the goods in question. The Customer shall not under any circumstances be entitled to any compensation from Tectona.
Any claims that fail to meet the conditions laid down in this article or that are formulated after the time period has expired will not be accepted. Delivered products will then be deemed to have been consistent with the order and free of any apparent defects.
ARTICLE 8 - GUARANTEES
8.1 GUARANTEES APPLICABLE TO ALL CUSTOMERS
Products sold by Tectona are guaranteed against any apparent or latent defects in relation to materials used, conception or fabrication affecting the delivered products and rendering them unfit for use. This guarantee is provided for in articles 1641 and following in the Civil Code.
The Customer can exercise this guarantee within a period of two (2) years after discovering the defect.
The guarantee is not applicable in the following cases: incorrect use, negligence or poor maintenance by the Customer, use other than intended use, accident or force majeure.
The Customer can exercise the guarantee by sending his claim to Tectona SA:
- By email: info@tectona.fr;
- By post: Tectona SA, 36 rue du Bac, 75007 Paris, France;
- By telephone: +33 (0)1 47 03 05 05.
Products must be returned in their original condition and complete (packaging, accessories, user instructions, etc.) to: Entrepôt TECTONA, ZA de Colmont, 76560 Doudeville, France. The Customer shall assume all risks and costs of returning the products. Returned products damaged by the Customer will not be refunded.
Under the guarantee, the Customer is entitled to a reduction in the price if the product is in good condition or to a partial or total refund when the product is returned, taking into consideration how the Customer used it.
In all cases, the Customer accepts and recognises expressly that Tectona’s liability cannot be invoked if the delivery delay and/or partial or total non-fulfilment of the order is due to one of the following reasons (non-exhaustive list):
- a fault, negligence or omission fully attributable to the Customer or to a third party that Tectona has no control or supervision over;
- an unpredictable or insurmountable action of a third party;
- non-respect or poor execution of the present GTCS by the Customer;
- non-respect of the precautions and of the instructions provided by Tectona to the Customer for using, operating and maintaining products;
- administrative error or damage that occurred during transport of the products;
- force majeure (notably including: strike actions, accidents, fires, natural catastrophes, civil wars or international wars, pandemics, riots, impossibility of obtaining supplies, delays by our own suppliers or by the transport company);
- information required for executing the order was not received by Tectona in a timely manner.
Guarantees applicable to Consumer and Non-Professional Customers
Consumer and Non-Professional Customers enjoy the legal guarantee of conformity provided for in the Consumer Code and in the event of a conformity defect have two (2) years from the date of delivery of the product to invoke the legal guarantee of conformity. During this period, the Customer is only required to demonstrate the existence of the conformity defect, not the date it appeared.
Under the legal guarantee of conformity, the Customer is entitled to have the product repaired or replaced within a period of thirty (30) days following his claim without incurring any costs or experiencing major inconvenience.
If a product is repaired under the provisions of the legal guarantee of conformity, the Customer shall benefit from a six (6) month extension to the initial guarantee.
If Tectona replaces a product after a Customer asked for it to be repaired, the legal guarantee of conformity is renewed for a period of two (2) years from the date of replacement.
In the following cases, the Customer can either choose to keep the product and obtain a reduction in the price paid for it or return the product for a full refund thereby terminating the contract:
Tectona refuses to repair or replace the product;
The repair or replacement occurs after the thirty (30) day period;
The repair or replacement entails a major inconvenience for the Customer, notably when the Customer bears the cost of the removal and transport of the non-conforming product or if he bears the costs of installing the repaired product or its replacement;
The non-conformity of the product persists after Tectona’s attempt to bring it into conformity.
The Customer is also entitled to a reduction in the price or termination of the contract when the conformity defect is serious enough to justify an immediate price reduction or termination of the contract. In this case, the product will not be repaired.
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The Customer is not entitled to cancellation of the sale if the conformity defect is minor.
During the period of time in which the Customer is unable to use the product while waiting for it to be repaired or for its replacement, the guarantee is temporarily put on hold and resumes when the Customer is delivered the repaired product or its replacement.
The abovementioned rights stem from application of articles L. 217-1 to L. 217-32 of the Consumer Code.
As a reminder, a seller acting in bad faith to obstruct implementation of the legal guarantee of conformity is liable to a civil fine which may be up to 10% of the average annual turnover but without exceeding a maximum of €300,000 (article L. 241-5 of the Consumer Code).
ARTICLE 9 - COMPLAINTS
Any complaints of any nature must be reported in writing as soon as possible after receipt of the products with detailed precise information on the nature of the claim:
By email to: info@tectona.fr;
By recorded letter with acknowledgement of receipt to: TECTONA SA, 36 rue du Bac, 75007 Paris, France.
ARTICLE 10 - AFTER-SALES SERVICE AND REPAIRS
In compliance with article L. 111-4 of the Consumer Code, spare parts required for using products sold by Tectona to Consumer Customers will be available throughout the period of commercialisation of the products by Tectona and for at least one (1) year after the end of the period of commercialisation.
Tectona provides an out-of-guarantee Pick Up & Repair service for all products it sells.An estimate is issued based on provided photos and includes pick-up, repair and Standard Delivery Please note: a definitive quotation is provided for confirmation; Comfort Delivery is not available with this service.
ARTICLE 11 - CANCELLATION OF ORDERS – RIGHT OF WITHDRAWAL
11.1 Cancellation of orders at Tectona points of sale
Customers, whether Consumers, Non-Professionals or Professionals, who place an order at a physical point of sale of Tectona products have no right of withdrawal. It follows that products that were ordered at a physical point of sale of Tectona products cannot be sent to Tectona without Tectona’s prior consent and return instructions.
11.2 Cancellation of remote orders by Professional Customers
In the case of a remote purchase by a Professional Customer (on the Website, by email or by telephone), the Customer has the right to withdraw his order provided that the ordered product is outside the scope of his main activity and that his business has no more than five employees.
The right of withdrawal can be exercised with the same modalities as the right of withdrawal enjoyed by Consumer and Non-Professional Customers, as given in article 11.3 below.
Please note that the right of withdrawal is not available for Special Products, that is products customised to the Customer’s specifications.
The transfer of liability from the Customer to Tectona is considered to have occurred when the product arrives at Tectona’s warehouse. Products returned in a damaged state will not be refunded.
11.3 Right of withdrawal for Consumer and Non-Professional Customers
In the case of a remote purchase by a Consumer or a Non-Professional Customer, the Customer has a period of fourteen (14) calendar days from the day he or a third party other than the transport company designated by him receives the product to exercise his right of withdrawal.
Please note that the right of withdrawal is not available for Special Products, that is products customised to the Customer’s specifications.
If the order involves several products and these products are delivered separately, the time period starts from the day the Customer physically takes possession of the last product delivered.
If the time period expires on a Saturday, a Sunday or a public holiday, it is extended to the first working day that follows.
To exercise his right of withdrawal, the Customer must notify Tectona of his decision to withdraw in writing on a durable medium using wording that unambiguously expresses his desire to withdraw or by filling in and returning the blank letter appended to article R.221-1of the Consumer Code. A translation of this letter is provided below.
The notification of withdrawal can be sent:
by email to: info@tectona.fr;
or by post to: Tectona - Service Customers, 36 rue du Bac, 75007 Paris, France.
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Withdrawal letter
For the attention of Tectona SA, 36 rue du Bac, 75007 Paris, France, having email address info@tectona.fr.
I hereby notify you of my withdrawal from the sales contract concerning the following products:
- Product code(s): ________________ - Order n°: ________________ - Date of order: ________________
My details are as follows:
- Customer’s name: ________________ - Customer’s postal address: ________________ - Telephone: ________________
Customer’s signature (only if notification is in paper format)
Date:
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After a customer exercises his right of withdrawal, Tectona will refund the entire amount spent on the order, including delivery charges but excluding additional charges stemming from selection of a delivery method more expensive than the Standard Delivery method (as such, Comfort Delivery will not be refunded in case of a withdrawal).
A reduction may be applied if the returned product is damaged or worn or if it does not conform with the initial order.
To receive his refund, the Customer must return the product at his cost without delay and no later than fourteen (14) days after communicating his decision to withdraw. The Customer must send the product(s) to: Entrepôt TECTONA, ZA de Colmont, 76560 Doudeville, France.
The amount is refunded to the Customer without unjustified delay and no later than fourteen (14) days after Tectona receives the product(s).
The payment method used for the refund is the same as was used for the initial transaction, unless the Parties have previously agreed on a different method.
Products must be returned in their original condition and complete (packaging, accessories, user instructions, etc.). Liability is transferred from the Customer to Tectona when the product arrives at Tectona’s warehouse. Products returned in a damaged state will not be refunded.
If the nature of the product is such that it cannot normally be sent via the postal system, Tectona will inform the Customer of the cost of returning the product. The cost of returning a product that cannot be sent via the postal system can be estimated at approximately 10% of the amount of the order (for France); for international transport, a quote will be provided.
Acknowledgement of receipt of the withdrawal will be sent to Consumer or Non-Professional Customers on a durable medium (for example an email).
ARTICLE 12 - ECOMOBILIER
Tectona is registered with the National Register of Distributors in the Furniture Market under number FR 017909_10NMRY. This number guarantees that Tectona, by adhering to Écomobilier, is fully compliant with duties placed on it by application of article L.541- 10–6 of the Environmental Code.
ARTICLE 13 - PERSONAL DATA
In accordance with the French “Data and Freedom” Law of 6 January 1978, reinforced and supplemented by Regulation (EU) n° 2016/679 of 27 April 2016 on the protection of personal data (GDPR), Tectona collects and processes the personal data provided by the Customer when he places an order.
The Customer has the right to exercise, at any time, his right of access, to rectification, to object, to erasure and to data portability for all his personal data. The Customer can exercise this right at any time by writing to Tectona, with proof of his identity:
- by email to: info@tectona.fr;
- by post to: Tectona SA, 36, Rue du Bac, 75007 Paris, France.
The Customer can also submit a claim to the National Commission on Information Technology and Civil Liberties (CNIL).
Tectona’s protocol for collecting and processing Customer personal data is described in detail in its Privacy Policy that the Customer can consult at his leisure on the Website at: https://www.tectona.net/fr_fr/politique-de-confidentialite.html; alternatively he can request it directly from Tectona.
ARTICLE 14 - MISCELLANEOUS STIPULATIONS
14.1 Consumer and Non-Professional Customers have the right to formally record their opposition to cold-calling by signing up to the Bloctel list so that they will no longer receive prospection calls by telephone.
14.2 If one or more provisions of the present GTCS are deemed to be invalid or are declared as such by application of a law, a regulation or as a result of a decision by a competent jurisdiction having the force of res judicata, the remaining provisions retain all their validity and scope.
ARTICLE 15 - APPLICABLE LAW – DISPUTES – COMPETENT JURISDICTION
The present GTCS are governed, interpreted and applied in accordance with French law.
If the Parties have difficulties or a difference of opinion concerning the interpretation, execution or cancellation of the present GTCS, the Parties will endeavour to reach an amicable agreement before proceeding to litigation.
If an amicable agreement has not been reached within fifteen (15) days after a Consumer Customer initially made his complaint, the Consumer Customer can refer the matter, at no cost, to the Consumer Mediator at:
CM2C (Centre de la Médiation de la Consommation de Conciliateurs de Justice)
49 rue de Ponthieu, 75008 Paris France
www.cm2c.net
The European Commission has also made available to consumers a Europe-wide platform for resolving disputes at:
http://ec.europa.eu/consumers/odr/
In any event, if the Parties cannot reach an amicable agreement within a reasonable time frame, any litigation that arises from the present GTCS concerning their validity, interpretation, execution, their cancellation and following course, will be submitted, in the case of a Consumer or Non-Professional Customer, to the jurisdiction competent for the matter by application of ordinary law and, in the case of a Professional Customer, to the Commercial Court of Paris, and this shall apply even in the case of multiple defendants or third-party proceedings, even for interim relief proceedings.
Tectona SA
36, Rue du Bac, 75007 Paris, France
Tel : +33 (0)1 47 03 05 05
Fax : +33 (0)1 47 03 06 05
info@tectona.fr
S.A. Tectona with capital of €1,013,932
RCS PARIS B 353 798 523
Code: APE 4759A
Intra-community VAT Number: FR 47 353 798 523
