The website "lecoinmontagne.com" (« the Website »), operated by SAS ESPACES INTERIEURS, offers for sale mountain furniture and decorative items, intended in particular for mountain homes.

These terms and conditions of sale therefore apply to all Orders placed on the Website by non-professional customers.

1. DEFINITIONS

For the purposes of these Terms and Conditions, the terms below are defined as follows:

Customer: a natural or legal person placing an Order on the Website;
Order: the purchase of one or more Products by the Customer on the Website, resulting from the acceptance process described in these T&Cs;
Le Coin Montagne (or « the Seller »): SAS ESPACE INTERIEURS, with a share capital of 10.000 euros, registered with the RCS de Gap under number 482 466 117, whose registered office is at 20 route de Briançon, 05240 La Salle les Alpes, France;
Products: all types of products, including but not limited to furniture, tableware and decorative items, sold by Le Coin Montagne through the Website;
Website: the online sales website « lecoinmontagne.com », operated by Le Coin Montagne;

2. ACCEPTANCE AND AMENDMENT OF THE TERMS AND CONDITIONS OF SALE

Every Order implies prior and unreserved acceptance of these terms and conditions of sale, which set out the rights and obligations of the parties and govern all the steps required to place and follow up an order.

The Customer acknowledges having read them and expressly declares acceptance of them upon ticking the statement « I accept the Terms and Conditions of Sale ». Their acceptance entails the obligation to pay for the Products ordered, which is expressly acknowledged by the Customer.

These Terms and Conditions of Sale apply to the exclusion of all other conditions, in particular those applicable through other distribution and marketing channels. They are accessible at any time on the Website and shall prevail, where applicable, over any other version or any conflicting document.

The terms and conditions of sale may be amended. In that case, the applicable conditions are those in force on the Website on the day the Customer places the Order.

Furthermore, in accordance with the provisions of Article L. 221-1 3° of the French Consumer Code, the Customer may store these terms and conditions of sale on a durable medium, in order to be able to refer to them later for an appropriate period of time and in a way that allows the identical reproduction of the stored information.

3. PRE-CONTRACTUAL INFORMATION

3.1. How Information is Provided

The Customer acknowledges having been provided, prior to placing the Order, in a clear and comprehensible manner, with these Terms and Conditions of Sale and with all the information listed in Article L.221-5 of the French Consumer Code, and in particular the following information:

the essential characteristics of the Products, as published on the Website and set out in this article;
the user instructions for the Products, where their prior publication is required by regulations (in particular for bunk beds);
the price of the Products and of any additional charges (delivery, for example);
the date or period by which Le Coin Montagne has undertaken to deliver or make the Products available,
information relating to the identity of the seller and to its postal, telephone and electronic contact details, as set out in the « contact » tab of the Website,
information relating to the statutory and contractual guarantees and to how they may be invoked,
the possibility of resorting to conventional mediation in the event of a dispute.

3.2. Characteristics of the Products

The Products offered for sale by Le Coin Montagne are accompanied by a descriptive sheet indicating the essential characteristics of the product, the brand, the total price including tax, as well as the precautions for use.

The Customer must read it before placing any order.

The photographs and graphics shown on the Website are not contractual and cannot engage the liability of the Seller.

3.3. Specific provisions for bunk beds

It is recalled that this type of bed is not suitable for children under 6 years of age.

All bunk beds comply with standard EN 747+A1.

The name of the manufacturer and its registered office, together with the product reference, are indelibly marked on the Product, in accordance with Article 8 of French decree no. 95-949 of 25 August 1995, as well as on the Product label.

The user instructions for the beds may be downloaded from each product sheet on the Website.

Unless otherwise stated on the Website, beds are delivered unassembled; the Customer may order an additional assembly service online, or directly from the physical shop operated by Le Coin Montagne.

4. CUSTOMER ACCOUNT

For any order of Products on the Website, the Customer must register and open an account by completing the online form. To that end, the Customer must provide the following data: surname, first name, email and postal address, telephone number. The Customer may freely choose a username and a password. These personal identification details (username + password) may be modified online in the Customer Account. They are confidential and non-transferable.

Le Coin Montagne cannot be held liable for any direct or indirect damage suffered by the Customer or by third parties, resulting from fraudulent access to the Customer Account following disclosure of the identification details.

Should the password be lost, the Customer may submit a request to the Seller to reset it.

The Customer undertakes to provide accurate and truthful information about their situation, as well as to check regularly the data concerning them and to make, online in the Customer Account, any necessary changes.

The handling of personal information by the Website is explained in the Website's Privacy Policy, which the Customer acknowledges having read.

5. ORDERS

5.1. Ordering Process

The Customer acknowledges having the capacity required to contract and to purchase the Products offered on the Website. The Customer certifies ordering for private purposes or for purely internal purposes, any wholesale resale of the Products being prohibited.

After identifying themselves, the Customer may select the Products of their choice and place them in their « basket ».

The Customer must choose their delivery method and, where applicable, the desired delivery address.

Once these details have been entered, a summary of the Order is displayed, stating the Products chosen, their price including tax, as well as the overall basket price and the delivery charges.

The Customer then has the possibility of checking the details of the Order and its total price, of removing or adding Products, and of correcting any errors before confirming acceptance. It is the Customer's responsibility to check the accuracy of the order and to correct any error immediately.

An Order is recorded on the Website when the Customer has confirmed the basket and the payment method, and accepted these Terms and Conditions of Sale by ticking the box provided for that purpose.

As soon as the Order is confirmed, whatever the payment method chosen, the Customer will receive a confirmation email summarising the details of the Order. It sets out the order reference number, the Products ordered by the Customer and their prices, the terms, and the date or period of delivery of each Product ordered.

Le Coin Montagne reserves the right to refuse any order from a Customer with whom there is a dispute relating to a previous order.

Any Order placed and confirmed by the Customer and accepted by Le Coin Montagne, under the conditions and in accordance with the terms described above, on the Website constitutes the formation of a distance contract (within the meaning of the French law on confidence in the digital economy of 21 June 2004) between the Customer and Le Coin Montagne.

Once confirmed and accepted by Le Coin Montagne, under the conditions described above, the Order may not be modified and cannot be cancelled, save for the exercise of the right of withdrawal or in the event of force majeure.

Unless proven otherwise, the data recorded in the Website's computer system constitutes proof of all transactions concluded with the Customer.

5.2. Availability of the Products

The availability of the Products depends on the stock held in the shop.

The number of Products in stock and their delivery time are shown on the Product sheet.

Where an order is placed for a number of Products exceeding the stock held in the shop, or where there is no stock at all in the shop for a Product, a different delivery time is indicated, taking into account the time needed for Le Coin Montagne to restock from its supplier.

If, after the Order, and despite the Seller's regular checks, an ordered Product should ultimately prove unavailable, Le Coin Montagne will inform the Customer immediately and will cancel the Order, refunding any payment made at the time of the Order.

6. RIGHT OF WITHDRAWAL

6.1. Withdrawal period

In accordance with Article L.221-18 of the French Consumer Code, the Customer has a period of 14 (fourteen) days from delivery of the Product to exercise their right of withdrawal in respect of any Order of Products, without having to give reasons or pay a penalty.

It is recalled that this right does not apply to Orders placed by professionals.

Nor does it apply to Orders for products « made to the consumer's specifications or clearly personalised » (L.221-28 3° of the French Consumer Code), such as furniture manufactured to measure by Le Coin Montagne on the basis of the component choices made by the Customer.

6.2. How to withdraw

The Customer may exercise their right of withdrawal:

either by letter or email addressed to the Seller unambiguously stating their wish to withdraw;
or by completing the withdrawal form available in the appendix to these T&Cs, or directly on the Website using the contact form.

The withdrawal document must state the Customer's surname and first name, the order number, and the reference of the Product(s) concerned.

It is recalled that the burden of proving receipt of the withdrawal decision lies with the Customer: consequently, it is recommended to send any letter by registered post with acknowledgement of receipt, and also to request a read receipt where an email is sent.

6.3. Return of the Products and refund of the Customer

The Products must be returned, at the Customer's expense, no later than 14 days following notification to the Seller of the Customer's decision to withdraw.

Returns must be made, at the Customer's expense, in their original condition and complete (packaging, accessories, instructions, etc.) so as to allow them to be placed back on the market as new. Products that are damaged, marked, soiled or incomplete will not be accepted.

The Seller will refund the Customer within a maximum period of fourteen (14) days from becoming aware of the Customer's exercise of the right of withdrawal, subject to having recovered the Products concerned or to the Customer providing proof of their dispatch. The Seller will make the refund using the same payment method as that used for the initial purchase. Only the price of the Product(s) purchased and the delivery charges will be refunded to the Customer; return costs remain payable by the Customer.

7. DELIVERY

7.1. Delivery terms

The Customer may choose home delivery or delivery to a pickup point.

The delivery method depends on the nature of the Product ordered, and in particular on its bulk:

For small and medium parcels, delivery is made, unless otherwise stated on the Website, by post (Colissimo, DPD pickup), directly to the delivery location stated in the Order;
For heavy or bulky Products (in particular bedding, sofas or any other bulky or cumbersome furniture), the Customer may choose either a « standard » home delivery, without assembly, or a « bespoke » delivery, with assembly of the Product at the time of delivery. In the latter case, Le Coin Montagne will contact the Customer to send a suitable quotation, which may then be confirmed on the Website. Likewise, in the case of a « complex » Order comprising several different furniture Products, Le Coin Montagne will offer the Customer a bespoke service, which may be confirmed as indicated above.

Delivery charges are calculated according to the weight of the Products ordered and the delivery method chosen.

Deliveries are carried out by an independent carrier, or by the Seller, to the address stated by the Customer when ordering and to which the carrier can easily gain access.

. If no one is present, the carrier will attempt to contact the Customer by telephone. If the carrier is unable to reach the Customer, or if the Customer cannot make themselves available, a delivery notice will be left (for small and medium parcels). For heavy or bulky Products, or in the case of a bespoke service, a delivery date will be agreed in advance with the Customer, who undertakes to be available on the agreed date. If no one is present, the Order will be returned to the Seller's physical premises, and a second dispatch will be made at the Customer's expense.

7.2. Inspection of the Products

Upon delivery, the Customer must satisfy themselves as to its conformity and may report to the Seller any problem of non-conformity of the products collected as against the Order. The Customer is invited to record any relevant reservations on the delivery note if such defects or non-conformities are visible on delivery. The Customer has a period of 10 working days (3 working days for professional Customers) from delivery to submit in writing (email or registered letter with acknowledgement of receipt) to the Seller any reservations or complaints of non-conformity or apparent defect of the Products delivered (for example torn or opened packaging, expired product, etc.), together with all relevant supporting evidence (in particular photographs). After that period, and in the absence of compliance with these formalities, the Products will be deemed to be in conformity and free from any apparent defect, and no complaint may validly be accepted by Le Coin Montagne.

In the event of established non-conformity, Le Coin Montagne will refund or replace (at the Customer's choice) the Products concerned as soon as possible and at its own expense.

7.3. Delivery times

The Seller undertakes to comply with the delivery period or date stated on the order confirmation sent to the Customer.

If the Products ordered have not been delivered by the date or within the delivery period stated in the Order, for any cause other than force majeure or an act of the Customer, the Order may be cancelled at the written request of the Customer under the conditions laid down in Articles L 216-2 L 216-3 L241-4 of the French Consumer Code.

Pursuant to these articles, it is for the Customer to give Le Coin Montagne formal notice to deliver the Product within a reasonable period, which depends on the nature of the Products. Only in the absence of delivery within that period may the Customer declare the cancellation (rescission) of the Order. The sums paid by the Customer will then be returned no later than within fourteen days following the date of rescission of the Order, to the exclusion of any compensation or retention.

These provisions do not apply to professional Customers.

8. PRICES AND PAYMENT TERMS

8.1. Prices

Product prices are shown on the Website, and on each Product sheet, in euros inclusive of all French taxes, including VAT. Le Coin Montagne reserves the right to change Product prices at any time. However, the price taken into account will be the one in force at the time the Order is recorded.

The price of the Order is the total price including tax stated on the order confirmation sent by Le Coin Montagne, subject to any deductions made before collection of payment on account of unavailable Products.

8.2. Payment methods

The Customer may choose the following payment methods:

by bank card immediately on the website of the Seller's banking partner in a secure environment, payment data being exchanged in encrypted form using the secure 3D Secure protocol. Any payment by bank card is irrevocable, except in the event of fraudulent use of the card. In that case, the Customer may request cancellation of the payment and the return of the corresponding sums from their bank.
by bank transfer
through their Paypal account

In the event of payment by cheque or bank card, the Customer warrants to the Seller that the means of payment used is valid and does not arise from a fraudulent transaction. In such cases, Le Coin Montagne reserves the right to request proof of identity from the person receiving the order. In the event of payment by bank cheque, the cheque must be drawn on a bank established in metropolitan France.

Payment is only actually debited on the day the Product is dispatched, of which Le Coin Montagne will inform the Customer by email.

However, for certain Products, an immediate deposit may be required upon Order (set, unless otherwise stated, at 30% of the price including tax). Where applicable, the balance of the price is collected upon dispatch. This deposit may under no circumstances be treated as earnest money.

The Seller will not be required to deliver the Products ordered by the Customer if the Customer does not pay the price in full under the conditions stated above. Payments made by the Customer will be considered final only after the sums due have actually been collected by the Seller. Any rejection of the payment method chosen (in particular cheque or transfer) will result in cancellation of the Order, unless the Customer is able, within 48 hours of being informed of that rejection by the Seller, to regularise payment by another means.

9. WARRANTIES AND LIABILITY

9.1. Statutory guarantees

Unless otherwise stated in the Product sheet, the Products offered for sale have performance characteristics suited to private and non-professional use.

The Products supplied by Le Coin Montagne comply with the regulations in force in France and benefit as of right and without additional payment, in accordance with the statutory provisions, from

the statutory guarantee of conformity, for Products that are apparently faulty, spoiled or damaged or that do not correspond to the order, under the conditions and within the time limits laid down in Articles L.211-4 et seq. of the French Consumer Code
the statutory guarantee against latent defects arising from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use, under the conditions and within the time limits laid down in Articles 1641 et seq. of the French Civil Code.

9.1.1 Guarantee against latent defects of the product

Where the action based on the guarantee against latent defects of the item sold is brought by the Customer under the conditions laid down in Articles 1641 et seq. of the French Civil Code, the Customer may request either rescission of the sale or a reduction of the sale price in accordance with Article 1644 of the French Civil Code, on condition of proving the existence of an undetectable defect of the Product existing at the date of delivery.

9.1.2 Statutory guarantee of conformity

The Customer may act on the basis of the statutory guarantee of conformity where the Product does not conform to the technical specifications published on the Website and/or in the Product instructions, or where, generally speaking, it is not fit for the use that may be expected of the Product.

When acting on the basis of the statutory guarantee of conformity, the Customer:

has a period of two years from delivery of the Product in which to act;
may choose between repair or replacement of the Product, subject to the cost conditions laid down in Article L. 211-9 of the French Consumer Code; in particular, Le Coin Montagne may prefer replacement of the Product if the repair requested by the Customer proves disproportionately costly (and vice versa);
is exempt, during the 24 months following delivery, from proving the existence of the Product's lack of conformity at the date of delivery;

The statutory guarantee of conformity applies independently of any commercial warranty that may cover the Product. It does not apply to professional Customers.

The Customer must contact Le Coin Montagne and send it all relevant evidence (in particular photographs, videos) capable of establishing the alleged lack of conformity of the Product. If that evidence is sufficiently conclusive, Le Coin Montagne will arrange the return of the Product concerned, at its own expense, by any appropriate means suited to preserving the Product. The Customer must then state whether they wish the Product to be replaced or repaired.

The Seller will refund, replace or have repaired the Products or parts under guarantee found to be non-conforming or defective.

If no repair or exchange of the Product is possible, or if their cost proves disproportionate, the refund of the Product found to be non-conforming or defective will be made as soon as possible and no later than 15 days following its return to the Seller. The refund will be made by credit to the Customer's bank account or by bank cheque sent to the Customer.

The guarantee may not be invoked, and the Seller's liability may not be engaged, in the following cases:

improper use of the Product, failure to comply with the conditions of use stated in the Product instructions;
use for professional purposes,
negligence or lack of maintenance on the part of the Customer,
normal wear and tear of the Product, in particular for wooden products, a material whose performance may vary according to storage and use conditions (temperature, humidity),
accident, fall, or any external event having affected the Product and its performance;

The Seller's statutory guarantee is, in any event, limited to the repair, replacement or refund of Products that are non-conforming or affected by a defect.

The texts applicable to these statutory guarantees are reproduced in the appendix to these T&Cs.

9.2. Specific contractual warranties

Certain non-food Products benefit from a specific warranty, the duration of which is, where applicable, stated on the Website and the terms of which are detailed in the warranty notice supplied with the Product. The Customer is, where applicable, invited to exercise their rights directly against the manufacturer of the Product.

10. AVAILABILITY OF THE WEBSITE

Le Coin Montagne undertakes to exercise all necessary care and diligence to ensure the permanence, continuity and quality of service in line with the practices of the profession and the state of the art, and is bound in that respect by an obligation of means.

Le Coin Montagne reserves the right to suspend access to the Website for any maintenance or service improvement work.

The Customer hereby acknowledges that fluctuations in bandwidth and contingencies affecting the access provider, or the interruption of the service ordered by an administrative or judicial authority, may result in discontinuity in access to the Website, beyond the will and outside the control of Le Coin Montagne.

Given the free nature of the service provided on the Website, no compensation may be claimed from Le Coin Montagne in the event of unavailability of the Website, whatever the cause; unless such unavailability has an impact on the performance of an Order.

11. CUSTOMER SERVICE

For any information, the Customer may contact Customer Service by telephone, email or post at the contact details below (subject to their being updated on the Website):

SAS ESPACES INTERIEURS
Le Coin Montagne
20, route de Briançon
05240 La Salle Les Alpes
04 92 24 73 26
info@lecoinmontagne.com

12. PROTECTION OF PERSONAL DATA

The Customer declares having read and accepted without reservation, upon creating their Customer Account, the terms of the Website's Privacy Policy explaining the conditions under which their personal data is collected and used, which forms an integral part of the Order.

13. GOVERNING LAW AND DISPUTE RESOLUTION

In the event of a dispute relating to these terms and conditions, their validity, their interpretation or their breach shall be governed by French law.

The Customer is informed that, in the event of a dispute relating to an Order, they may resort to conventional mediation with the association AMECONSO (www.mediationconso-ame.com ), of which Le Coin Montagne is a member.

The request for mediation must be sent by post or email to the following contact details:

https://www.mediationconso-ame.com/demande-de-mediation-ame.html

AMECONSO ,11 Place Dauphine, 75001 Paris

As a consumer resident in the European Union outside France, the Customer may also use the European Online Dispute Resolution (ODR) platform, available at https://ec.europa.eu/consumers/odr.

Mediation suspends the ordinary limitation periods for bringing proceedings.

For non-professional Customers:

ALL DISPUTES TO WHICH ORDERS CONCLUDED UNDER THESE TERMS AND CONDITIONS OF SALE MAY GIVE RISE, CONCERNING THEIR VALIDITY, THEIR INTERPRETATION, THEIR PERFORMANCE, THEIR TERMINATION, THEIR CONSEQUENCES AND THEIR AFTERMATH, AND WHICH COULD NOT HAVE BEEN RESOLVED AMICABLY BETWEEN THE SELLER AND THE CUSTOMER, SHALL BE SUBMITTED TO THE COMPETENT COURTS UNDER ORDINARY LAW.

For Customers acting in a professional capacity:

APPENDIX 1: REPRODUCTION OF THE LEGAL TEXTS ON STATUTORY GUARANTEES

GUARANTEE OF CONFORMITY - STATUTORY GUARANTEE AGAINST LATENT DEFECTS

Article L211-4 of the French Consumer Code

The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation where the latter was made its responsibility under the contract or was carried out under its responsibility.

Article L211-5 of the French Consumer Code

To conform to the contract, the goods must:

- Be fit for the purpose usually expected of similar goods and, where applicable:

- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model

- display the qualities that a buyer may legitimately expect having regard to the public statements made by the seller, by the producer or by its representative, in particular in advertising or labelling

- Or display the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, made known to the seller and accepted by the latter.

Article L211-12 of the French Consumer Code

The action arising from a lack of conformity is time-barred two years after delivery of the goods.

Article L211-16 of the French Consumer Code

Where the buyer asks the seller, during the term of the commercial warranty granted upon the acquisition or repair of movable goods, for a repair covered by the warranty, any period of immobilisation of at least seven days is added to the remaining term of the warranty. That period runs from the buyer's request for intervention or from the making available for repair of the goods concerned, if that making available is subsequent to the request for intervention.

Article 1641 of the French Civil Code

The seller is bound by a warranty on account of latent defects of the item sold that render it unfit for the use for which it is intended, or that so impair that use that the buyer would not have acquired it, or would have paid a lower price for it, had the buyer known of them.

Article 1648 first paragraph of the French Civil Code

The action arising from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

APPENDIX 2: WITHDRAWAL FORM

WITHDRAWAL FORM

Text to be sent by Registered Letter with Acknowledgement of Receipt or by Email to the Seller's address stated on the order confirmation.

I, the undersigned, _________________________, whose address is ___________________________________________________________________, hereby notify you of my decision to exercise my right of withdrawal in respect of the following Products, which are the subject of Order no. xxxx, dated xx/xx/xxxx:

(reference and name of the Product)

Date: __________________

Signature:______________

Terms and conditions