General principles
All business transactions carried out by our company Uniqka Design are subject to these general terms and conditions of sale. Unless proven otherwise, the data recorded by the company constitutes proof of all transactions. Validation of the order by the Customer implies adherence to and unreserved acceptance of these terms and conditions, which are accessible at any time on the website and will prevail over any other document. We reserve the right to modify these general terms and conditions at any time. In this case, the applicable conditions will be those in effect on the date of the Customer's order.
1. Preamble
1.1 Scope of application of the general conditions of sale
These general terms and conditions of sale (hereinafter referred to as “GTC”) apply to any purchase made remotely on the site https://www.uniqka-design.fr (hereinafter referred to as “the Site”).
The T&Cs apply concurrently with the Privacy Policy, applicable to all users of the Site.
The Site is published by the company HORIZON INTERIOR'S, a simplified joint-stock company with capital of €1,000, registered with the Paris Trade and Companies Register under number B 912 079 035, whose registered office is in Paris (75017), 35 rue Guy Môquet.
Uniqka Design offers for sale, on its Site or by telephone, indoor and outdoor furniture for the home (hereinafter referred to as the “Product(s)”), to the customer (defined below) who wishes to make a remote purchase from Uniqka Design (hereinafter “the Customer”).
The Products are marketed under the brand “Uniqka Design” owned by Uniqka Design.
The Customer must be a natural person and have the legal capacity to contract and act as a consumer, i.e. a natural person who acts solely for the satisfaction of his personal needs.
By placing a remote order with Uniqka Design, the Customer declares that they meet the conditions mentioned above and in particular that they do not make remote purchases of Products with the aim of reselling them habitually or as part of a professional activity.
1.2 Scope of application and acceptance of the general conditions of sale
These general terms and conditions are intended to define the terms of sale between Uniqka Design and its Customers, from ordering to delivery, including the use of the services provided by Uniqka Design and payment. They govern all the steps necessary for placing the order and ensure the tracking of this order between the Parties. If these terms and conditions should differ depending on the Customer's status, whether individual or company, these differences will be clearly mentioned.
The Customer undertakes to read the T&Cs carefully before placing any order and accepts the T&Cs by clicking on the order confirmation button.
2. Products offered
2.1 Availability
The Products defined on our website (www.uniqka-design.fr) are offered within the limits of available stocks, in fact Uniqka Design works, depending on the products, on the basis of a just-in-time stock or direct order from its suppliers. Therefore, depending on the case, the Products are available within the limits of available stocks at Uniqka Design or subject to available stocks at its suppliers. In the event of a stock shortage or unavailability of a Product, this is specified on the product sheet. The Customer is informed by Uniqka Design of the availability of the Product(s) and the delivery times when placing their order, the delivery times are clearly stipulated on each product sheet, also when placing the order and finally during the order summary. If the customer orders several products with different delivery times, the delivery time of the product with the longest restocking time will be chosen.
2.2 Product out of stock
If, despite Uniqka Design's diligence, the Products ordered by the Customer prove to be no longer available, Uniqka Design will inform the Customer by email or telephone as soon as possible. In this case, if the Customer has already paid for their order, Uniqka undertakes to reimburse the Customer for the portion of the payment corresponding to the unavailable Products, if the Customer wishes to cancel them. Otherwise, Uniqka Design will retain full payment for the order and undertakes to inform the customer of the timeframe for restocking the missing products.
2.3 Product information
In accordance with Article L.111-1 of the French Consumer Code, the Customer may, prior to placing an order, familiarize themselves with the characteristics of the Products they wish to order. The Customer is required to refer to the description in each Product sheet in order to understand the essential characteristics.
In accordance with Article L 111-1 of the Consumer Code, Uniqka Design strives to present as accurately as possible, on the product data sheets, the essential characteristics of the latter, which the Customer must be aware of. Uniqka Design reserves the right to modify the characteristics of the Products, in particular according to constraints related to its suppliers. The information and characteristics are those provided by the suppliers. Uniqka Design is in no way responsible for erroneous data transmitted by the manufacturers. The photographs and graphics presented on the sites or in the emails sent by Uniqka Design are given for information purposes only and are mainly those provided by the suppliers. In particular, the difference in perception of shapes and colors between the photographs or graphics presented and the Products cannot engage the responsibility of Uniqka Design. Uniqka Design will make its best efforts to ensure that the photographic representation of the products on the site www.uniqka-design.fr is as faithful as possible. However, it is possible that the perception of the product(s) does not fully correspond to the product(s). The product(s) are presented in photographs sometimes with other product(s). The description will mention what is or is not part of the product.
2.4 Prices
Product prices on the website www.uniqka-design.fr are indicated in euros, all taxes included and shipping costs excluded. They take into account the VAT applicable on the day of the order. Any change in the applicable VAT rate may be reflected in product prices after the effective date of the new applicable rate. The VAT rate applied is a percentage of the value of the goods sold, 20% for delivery in Metropolitan France, Corsica, and Monaco. The eco-contribution rates are indicated clearly, distinctly, and in accordance with current legislation in the product sheets.
As Uniqka Design's supplier prices are constantly evolving, the prices displayed on the sites are subject to change at any time. They are also subject to variations for reasons of introductory prices, promotions, or sales. All prices are given subject to obvious typographical errors or purely material computer labeling errors. The applicable price is the one indicated on the Uniqka Design website on the date the Customer registers the order.
3. The order
To be able to place an order on the Site, the Customer must first declare that they have the capacity to contract under the conditions described below, i.e., they must be an emancipated minor or have reached the legal age of majority and not be protected within the meaning of Article 488 of the Civil Code. Uniqka Design reserves the right to refuse any order from a Customer with whom a dispute exists or arises during the processing of an order, in particular a payment dispute.
3.1 Creation of a customer account
The customer must first create a customer account by completing the registration form provided for this purpose (hereinafter the "Account"). When creating their account, the customer must provide a username (valid email address) and a password that are strictly personal and confidential. The customer is prohibited from disclosing this information to a third party.
Any order placed on the Uniqka Design website by the Customer using this username and password will be deemed to have been made in full knowledge of the facts and will therefore imply acceptance and validation by Uniqka Design. It is the customer's responsibility to immediately inform Uniqka Design in writing by post or by email of any fraudulent use of their username and password, or use made without their knowledge and of which they are aware.
The customer may change their username and password at any time using the procedure provided for this purpose on the website in the "My Account" section. In addition, the Customer explicitly undertakes to ensure that the information provided on the Uniqka Design website when creating the Customer Account and when placing each order is accurate, complete and up to date. In the event of an error in entering Customer information, Uniqka Design cannot be held responsible for any difficulty in delivering the order.
All personal customer data collected when creating the Customer Account is managed according to the terms described in the Uniqka Design Privacy Policy.
Once the creation of their account has been validated, the Customer will be able to place orders on the site using their Account.
3.2 Placing the order
The offers and prices appearing on the Site www.uniqka-design.fr are valid as long as they remain visible on the Site, within the limits of available Product stocks. The Customer is required to carefully check all the information provided by him in the order form, before confirming it. Uniqka Design cannot be held responsible for errors concerning the information provided by the Customer in the order form.
The Customer may place an order with Uniqka Design either via the website www.uniqka-design.fr, by email, by telephone, or by post. When the order is placed by email or by post, the order must include the information necessary for the order to be processed properly.
The ordering procedure on the Site www.uniqka-design.fr is carried out according to the following steps:
• The Customer selects the Products and quantities desired on the Site. He can consult and modify the Products selected at any time using the “My basket” function.
• The Customer identifies himself using his login details or, if he is not already registered, using the customer account creation registration form
• The Customer validates their basket by clicking on “Continue my order”;
• The Customer chooses the delivery shipping method by clicking on “Standard Delivery” or “Premium Delivery” or “Pick-up at the warehouse”, the Customer takes note of the amount of the delivery costs relating to each type of delivery before making his choice. He validates the delivery method by clicking on “Validate”.
• A summary of the contents of the order and its total amount including VAT is presented to the Customer. The Customer chooses their payment method by clicking on “Bank card”, “Bank card 3x”, “PayPal”, “Check” or “Transfer”. They proceed to payment under the conditions described in the “Price and payment terms” section.
• The Customer's order is finalized once the payment procedure is completed and the Customer arrives at the Site page indicating "Thank you for your order at Uniqka Design.
When the order contains too many bulky packages, Uniqka Design reserves the right not to accept the order as is with the usual delivery charges. Uniqka Design will then contact the customer to inform them of the delivery charges applicable to their order.
4. Delivery
Delivery times are indicated as accurately as possible on the website www.uniqka-design.fr, but are subject to suppliers' supply and transportation capabilities. Uniqka Design undertakes to make every effort to deliver the products within the indicated timeframes. Any technical impediment to receiving the package(s) upon arrival at the customer's premises cannot result in a return or refund.
It is therefore the Customer's responsibility, before confirming their order, to check all their capacities to be able to collect their order at the place indicated when placing it. No change of address can be made after the order has been shipped. Furthermore, Uniqka Design reserves the right to cancel any order that cannot be completed due to circumstantial or technical reasons affecting the manufacturing process. Cancellation of an order commits Uniqka Design to fully refund the sums paid for this order, without the customer being able to claim additional compensation.
The products are delivered to the address indicated on the confirmed order. Uniqka Design undertakes to send the ordered product in the exact condition in which it will have been described during the sale and confirmed at the time of order. Uniqka Design undertakes to pack the product in the best possible packaging, taking into account the size, weight and size to be shipped. However, for any order (article L. 216-2 to L. 216-4 of the French Consumer Code), the customer may cancel the sale, by registered letter with acknowledgment of receipt, in the event of the delivery date being exceeded by more than 7 days and not attributable to a case of force majeure. In this case, the amount paid by the customer will be refunded in full (deposit or full payment of the order). The sale is considered canceled upon receipt by Uniqka Design of the letter by which the customer informs it of its decision, provided that delivery has not taken place in the meantime. The customer must exercise this right within 30 working days from the initially scheduled delivery date. The following are considered cases of force majeure that relieve us of our obligation to deliver: war, riots, customs detention beyond 7 days, fire, strikes, and accidents. We will keep the Customer informed, in a timely manner, of cases and events of force majeure.
The delivery method is at the Customer's choice between:
• Classic Delivery: At the doorstep or downstairs of the Client's building, delivery by appointment, No installation;
• Premium Delivery: Delivery by 2 people inside the Customer's home, Delivery by appointment, No installation;
• Collection at the depot: Collections are by appointment only (free from a landline) from Monday to Friday from 10 a.m. to 12 p.m. and from 1 p.m. to 4 p.m. at the following address: 35 rue Guy Môquet, 75017 Paris. This appointment is essential so that our teams can properly prepare your order.
Uniqka Design undertakes to deliver the Customer's order no later than 30 days after sending the order confirmation email. The Customer will be informed if delivery is delayed for reasons beyond the control of Uniqka Design. In the event of failure to deliver within the agreed timeframe and in accordance with Article L.216-2 of the French Consumer Code, the Customer may request Uniqka Design, by registered letter with acknowledgment of receipt to the address of Uniqka Design's registered office or in writing on another durable medium, to perform within a reasonable additional period. In the event of failure to deliver by Uniqka Design within this reasonable additional period, the Customer may cancel their order by registered letter with acknowledgment of receipt to the address of Uniqka Design's registered office, or in writing on another durable medium. The order is considered canceled upon receipt by Uniqka Design of the letter or writing informing them of this cancellation unless Uniqka Design has performed in the meantime. When the order has been resolved by the Customer, Uniqka Design will proceed to reimburse the total amount of the Customer's order within a maximum period of (14) fourteen days in accordance with the provisions of article L.216-3 of the Consumer Code.
Notwithstanding any clause to the contrary, we are authorized to make global deliveries. The carrier will contact the customer to arrange a delivery date (by telephone or by sending an email). The transport package is from our warehouses to the entrance of the customer's place of residence.
The carrier is not a delivery person. They do not go upstairs or drop off packages at the customer's door unless the customer has chosen Premium Delivery, which includes delivery to the customer's home. Otherwise, any additional transportation (e.g., upstairs delivery) requires a specific request from the customer when ordering. This service is subject to additional charges payable by the customer.
5. Receipt of the package.
The Customer must check the package in the presence of the carrier. This check is considered complete once the Customer, or a person authorized by them, has signed the delivery slip.
If the package has been damaged, the Customer must refuse it and note explicit reservations on the delivery slip. The Customer must also report any anomalies to Uniqka Design by email or telephone and confirm their reservations and refusal to accept the package. Upon receipt of the returned package in its warehouses and after noting the damage, Uniqka Design will offer either an exchange of the product or a full refund for the damaged product.
In both cases:
- The Customer must contact Uniqka Design's customer service to notify the Customer of this cancellation prior to any product reshipment. Written confirmation will be requested from the Customer, either by email or by post, to avoid any cancellation by anyone other than the Customer. This possibility of cancellation entails costs for CEMEL, in flagrant abuses (repetition deemed abnormal of cancellations by the same Customer), CEMEL then reserves the right to invoice the Customer for its management and cancellation fees.
Delivery is deemed to have been made upon delivery of the products to the customer by the carrier. The delivery slip provided by the carrier, dated and signed by the Customer upon receipt of the products, will constitute proof of transport and delivery. In the absence of reservations, the product is deemed to have been accepted by the Customer and cannot be disputed regarding its delivery.
6. Right of withdrawal
In accordance with Article L121-21 of the French Consumer Code, the Customer has 14 working calendar days from the date of their withdrawal request to exchange or refund any products that do not suit them. The customer, in accordance with Article L.121-21-2 of the Consumer Code, undertakes to inform Uniqka Design of their decision to withdraw in writing. An acknowledgment of receipt will be sent to the customer.
6.1 Return
Uniqka Design is required to refund all amounts paid by the customer, provided that the product is returned in its original packaging. Uniqka Design undertakes to reimburse the customer within 14 days of receiving the returned products, using the payment method used by the customer. A carrier will be mandated by Uniqka Design to collect the product from the customer's home.
The customer must indicate the following address for the return:
Horizon Interior's
35 RUE GUY MOQUET
75017 PARIS
France
Any damage noted on a returned product due to improper packaging may result in a partial refund. The refund of the price of the products will be made within 14 days of receipt and after verification of the products by Uniqka Design. For returns organized by Unqika Design within the framework of the customer's right of withdrawal, Uniqka reserves the right to systematically impose return costs at the Customer's expense for any cancellation or return of an order. The return costs will be equal to the initial delivery costs of the returned product(s).
In the event that Uniqka Design has not, within this reimbursement period of fourteen (14) days, recovered the Products or obtained proof of shipment of the Products by the Customer, Uniqka Design reserves the right to defer reimbursement until the date of the first of these events to occur.
The amount refunded cannot exceed the value of the order paid by the customer.
The Customer wishing to exercise his right of withdrawal is invited to complete the withdrawal form available here:
- To the attention of Uniqka Design, SASU Horizon Interior's, 35 rue Guy Moquet, 75017 Paris
- I/We(*) hereby notify (*) my/our (*) withdrawal from the contract for the sale of the item (*) below
- Ordered on (*), received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s)
- Date
7. Cancellation of my order after shipment
The Customer will not be able to request cancellation of their order if the goods have been picked up by the carrier. The Customer must exercise their right of withdrawal upon delivery.
8. Legal Guarantee
The Customer is informed that the guarantor of the conformity of the Products is Uniqka Design, whose contact details appear at the top of this document. Uniqka Design is liable for defects in conformity of the goods to the contract under the conditions provided for in Articles L.217-4 et seq. of the Consumer Code and for hidden defects in the thing sold under the conditions provided for in Articles 1641 et seq. of the Civil Code.
Specific guarantees, Uniqka Design informs its Customers that they have, on all products, the legal guarantee of conformity in application of article L217-5 of the Consumer Code. "The consumer has a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared."
During this period, Uniqka Design undertakes to either repair the defective product or replace it with the same or similar item. If the product is no longer sold or not in stock, Uniqka Design will offer a suitable replacement item or a commercial arrangement depending on the damage suffered.
The Customer is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for used goods. This same box reminds us that the legal guarantee of conformity applies independently of any commercial guarantee granted.
Finally, it recalls that the consumer may decide to implement the guarantee against hidden defects in the thing sold within the meaning of Article 1641 of the Civil Code and that in this case, he may choose between the cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code. Reproduction of Articles L. 217-4, L. 217-5 and L. 217-12 of the Consumer Code, as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code, in accordance with Article L. 217-15 of the Consumer Code.
Article L. 217-4 of the Consumer Code; The seller delivers goods that conform to the contract and is liable for any lack of conformity that exists upon delivery. He is also liable for any lack of conformity resulting from the packaging and assembly instructions.
Article L. 217-5 of the Consumer Code: The good complies with the contract:
- 1. If it is suitable for the use usually expected of a similar good and, where applicable:- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
- 2. Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and the latter has accepted.
Article L. 217-9 of the Consumer Code: In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not comply with the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other option, taking into account the value of the goods or the extent of the defect. The seller is then required to proceed, unless this is impossible, according to the option chosen by the buyer.
Article L. 217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods;
Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.
Article 1648 , paragraph 1 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.
9. Intellectual Property
The presentation and content of this website together constitute a work protected by the laws in force on intellectual property, of which the company Uniqka Design is the owner.
10. Copyright
The texts, images, drawings, layout, and graphic design of this site are protected by intellectual property law. It is prohibited to copy, extract, distribute, or modify the content of this site for commercial purposes. Downloading and printing text, images, and graphic elements are authorized for private, non-commercial use only. Reproduction of drawings, images, audio documents, video sequences, and texts in other electronic or printed publications requires the prior written consent of Uniqka Design. Failure to obtain authorization is punishable by the offense of counterfeiting. Any reproduction, in whole or in part, is systematically subject to the authorization of Uniqka Design.
11. Databases
The databases established by the company Uniqka Design are protected by copyright as well as by the law of July 1, 1998 transposing into the Intellectual Property Framework the European Directive of March 11, 1996 relating to the protection of databases.
Unless otherwise authorized in writing by Uniqka Design, any reproduction, representation, adaptation, translation and/or modification, in whole or in part, as well as any substantial qualitative or quantitative extraction to another website is prohibited and punishable by Articles L.343-4 et seq. of the Intellectual Property Code.
12. Disputes
This contract is subject to French law. The choice of applicable law is only valid to the extent that it does not deprive the Customer of the protection conferred, where applicable, by the mandatory provisions of the country where he has his habitual residence. The French version of the T&Cs will prevail over any other version translated into another language. In the event of a dispute, the Customer must first contact Uniqka Design, in order to find an amicable solution, by means of a written complaint by e-mail to the address: contact@uniqkadesign.fr
In accordance with the provisions of Articles L 611-1 and R 612-1 et seq. of the Consumer Code concerning the amicable settlement of disputes: When the consumer has sent a written complaint to the professional and has not received satisfaction or a response within two months, he may submit his complaint free of charge to the consumer mediator. The mediator must be contacted within a maximum period of one year from the initial complaint. The MEDIATION-NET mediator can be contacted directly online at the following address:
www.mediation-net-consommation.com - or by mail MEDIATION-NET Consommation - 34, rue des Épinettes - 75017 PARIS
In accordance with the rules applicable to mediation, any consumer dispute must be the subject of a written complaint to Uniqka Design Customer Service before any request for mediation, either by e-mail to contact@uniqkadesign.fr, or by post to the address of the Uniqka Design head office as stated at the top of this document.
13. ADELPHE
Legal and environmental obligation to manage household packaging waste within the framework of Extended Producer Responsibility (EPR)ADELPHE customer contract under number:
14. Eco-furniture registration number
Under the number: