TERMS OF SALES

These General Conditions of Sale define the terms of in-store sales concluded between the company LA MAISON DU CONVERTIBLE GROUPE MISWA with capital of 5,200 euros registered in the Paris Trade and Companies Register under number 327 821 526 located in Paris 11th, 37 Avenue de la République, hereinafter referred to as “LA MAISON DU CONVERTIBLE GROUPE MISWA” and any person making a purchase in one of LA MAISON DU CONVERTIBLE GROUPE MISWA stores, hereinafter referred to as “the Buyer”.

These General Conditions of Sale apply to the exclusion of all other conditions, except those of the law and in particular the Consumer Code.

They appear on the back of the order form given to the Buyer.

They are systematically given to the Buyer when signing the order form and they apply exclusively to orders delivered in mainland France.

Consequently, signing the order form implies the Buyer's full and unreserved acceptance of these General Conditions of Sale.

The Buyer places his order at LA MAISON DU CONVERTIBLE GROUPE MISWA by signing an order form.

It becomes firm and definitive upon signature of the order form.

However, under the conditions set out in Article 3, it only becomes definitive after the expiry of the withdrawal period from which the Buyer benefits.

It is the responsibility of the Buyer to provide all the information necessary for the manufacture and delivery of the Products. Submission of a quote will only constitute a commitment if it is followed by the signature of the corresponding order form.

The drawings and models which may accompany them remain the property of LA MAISON DU CONVERTIBLE GROUPE MISWA, and they cannot be used or communicated, even partially, to third parties, or for purposes other than the execution of the order without authorization, under penalty of prosecution and all damages.

LA MAISON DU CONVERTIBLE GROUPE MISWA undertakes to honor orders only within the limits of manufacturing possibilities. In the absence of unavailability, LA MAISON DU CONVERTIBLE GROUPE MISWA undertakes to inform the Buyer by email or telephone as soon as possible and at the latest before the expiration of the possible withdrawal period in article 3, the Buyer also having the option of modifying his initial order.

Any quantitative or qualitative modification of the order which becomes final, where applicable after the expiration of the possible withdrawal period, can only be accepted to the extent that it does not disrupt manufacturing or supply. It may, if necessary, give rise to a price increase and will determine a new delivery time.

As soon as the order has become final, and where applicable after the expiration of the possible withdrawal period in article 3, no cancellation, total or partial, of the final order will be accepted without the prior agreement of LA MAISON DU CONVERTIBLE GROUPE MISWA. In this case, the deposits paid by the Buyer will remain acquired as damages, unless it is demonstrated that the cancellation is the result of a failure by LA MAISON DU CONVERTIBLE GROUPE MISWA.

In this case, LA MAISON DU CONVERTIBLE GROUPE MISWA will reimburse the Buyer double their deposit.

DISTANCE SELLING

In accordance with article L.221-18 of the Consumer Code, in the event of a purchase on the internet or by telephone, the BUYER has a right of withdrawal of fourteen (14) days from receipt of the Product ordered allowing him to return the Product without having to provide reasons or pay a penalty.

However, the right of withdrawal cannot be exercised in the case of goods made on "counter-brand" request (for sofas or other personalized modular furniture), for which orders are neither cancelable nor refundable.

In order to benefit from the right of withdrawal, the product must be returned following the instructions of LA MAISON DU CONVERTIBLE GROUPE MISWA, packaged, in excellent condition and equipped with all the accessories delivered.

To exercise his right of withdrawal, the BUYER must notify his decision to withdraw to LA MAISON DU CONVERTIBLE GROUPE MISWA by signed AR mail, specifying his name, first name and order number to the address: 37 Avenue de la République - 75011 Paris.

The return will be organized by the carriers of LA MAISON DU CONVERTIBLE GROUPE MISWA at a cost of €95, at the exclusive expense of the BUYER

If the BUYER exercises his right of withdrawal, LA MAISON DU CONVERTIBLE GROUPE MISWA will reimburse the corresponding sums paid (including delivery costs – unless the BUYER keeps one of the Products ordered) – excluding return costs remaining the responsibility of the BUYER - at the latest within fourteen (14) days from receipt of the Product by LA MAISON DU CONVERTIBLE GROUPE MISWA.

The BUYER will receive his refund in the form of a transfer.

SALE ON CREDIT

In the case of a credit sale lasting more than three months, the Buyer benefits from a withdrawal period without reasons of fourteen completed calendar days from the day of acceptance of the contract offer. credit including the information provided for in article L 311-18 of the consumer code

In addition, the sales contract is canceled automatically, without compensation if the lender has not, within seven days of acceptance of the credit contract by the Buyer, informed LA MAISON DU CONVERTIBLE GROUPE MISWA of credit allocation.

However, when the borrower, by an express request, requests the immediate delivery or supply of the goods or the provision of services, the exercise of the right of withdrawal from the credit contract does not entail automatic termination of the sales contract. only if it occurs within three days from acceptance of the credit contract by the Buyer.

The sales contract is not canceled if, before the expiry of the deadlines mentioned in this article, the Buyer pays the amount of his order in cash to LA MAISON DU CONVERTIBLE GROUPE MISWA.

All our payment methods are explained on our page: our payment methods

Prices are quoted in euros all taxes included. They take into account the VAT applicable on the day of the order. Payment for the order can be made, at the Buyer's choice, either in cash or by paying a 20% deposit on the order, the balance to be paid before delivery. The order will only be processed after receipt of the first deposit.

Acceptance of the Products upon delivery automatically results in the balance of the order becoming immediately payable.

The Buyer's order will be delivered in mainland France to the location indicated in the order.

As soon as the carrier is in possession of the Products ordered, he contacts the Buyer to agree on a delivery date. Any cancellation of an appointment must be made within 72 hours in advance. Otherwise, delivery will be invoiced a second time.

The transfer of ownership of the Products to the Buyer takes place upon actual delivery of the Products to the Buyer, subject to collection of the sums remaining due, except for orders in the provinces where the customer must pay before shipment.

It is his responsibility to express, where applicable, reservations before taking delivery of the Products.

LA MAISON DU CONVERTIBLE GROUPE MISWA cannot under any circumstances be held responsible in the event that the products ordered cannot be transported within the Buyer's home due in particular to the cramped conditions of the premises or the means of transport. access to them. In this case, the Products would be reinstated in the premises of LA MAISON DU CONVERTIBLE GROUPE MISWA and the invoice will become immediately due. The Buyer will then be responsible for the delivery and assembly of the Products on its premises.

LA MAISON DU CONVERTIBLE GROUPE MISWA may possibly make a new delivery. In this case, the Buyer will in particular bear the additional delivery costs and, where applicable, the costs linked to the use of a lift.

The manufacturing and/or delivery times provided for on the order form indicate the deadline by which LA MAISON DU CONVERTIBLE GROUPE MISWA undertakes to deliver the goods.

In the event of a credit of more than three months taken out by the Buyer for the payment of the Product, as long as the Lender has not notified him of the granting of the credit and as long as the Buyer can exercise his right of withdrawal, LA MAISON DU CONVERTIBLE GROUPE MISWA is not required to make delivery.

Failure to comply with the delivery time indicated by LA MAISON DU CONVERTIBLE GROUPE MISWA, within the limit of an excess of seven days, cannot constitute a cause for cancellation of the order, nor a cause for compensation for the Buyer. for whatever reason.

If the delivery deadline of seven days is exceeded and not due to a case of force majeure, the Buyer may terminate the sales contract by registered letter with acknowledgment of receipt. This right must be exercised within a maximum period of sixty working days from the date indicated for delivery of the Product.

The contract will be considered terminated upon receipt by LA MAISON DU CONVERTIBLE GROUPE MISWA of the letter by which the Buyer will have informed it of its decision if delivery has not taken place between sending and receipt of the letter of denunciation.

In the event of refusal or impossibility of delivery by the Buyer, the products stored in the stores of LA MAISON CONVERTIBLE GROUPE MISWA may remain there for a maximum of one month at the expense of LA MAISON CONVERTIBLE GROUPE MISWA. At the end of this period, LA MAISON CONVERTIBLE GROUPE MISWA will be entitled either to invoice the Buyer for the cost of storage, i.e. an amount of €20/week in its stores, or to place the Product in storage at the expense and risks of the Buyer.

At the expiration of this period, and after having given notice to the Buyer to take possession of the products, LA MAISON DU CONVERTIBLE GROUPE MISWA will then be entitled either to invoice the Buyer for the cost of storage in its stores , or to place the Product in storage at the expense and risk of the Buyer.

The buyer is required to check the Product at the time of delivery and must immediately notify the delivery person of any reservations he has regarding the condition of the Product delivered: damage suffered, compliance with the order, etc.

In the event of a complaint, the Buyer must confirm the subject of his complaint with LA MAISON DU CONVERTIBLE GROUPE MISWA and with the carrier by registered letter within five (5) days - not including public holidays - which follow receipt of the Product.

No complaint will be accepted after receipt of the Products if it has not been made within the aforementioned period.

Amicable settlement of disputes
In the context of a prior amicable and unsatisfactory complaint, the consumer has the possibility of contacting the Consumer Mediator free of charge.

It can be entered by email at the following address: CONTACT@ANM-CONSO.COM
or by mail ANM CONSO, 62 RUE TIQUETONNE – 75002 PARIS.

In the event that the sales contract is canceled for a cause attributable to the company LA MAISON DU CONVERTIBLE GROUPE MISWA, in particular in the case of non-executed delivery after the period of seven days, and except in cases of force majeure, as referred to in Article 6, the amount paid by the Buyer is returned to him within fifteen days of receipt of his request.

In the event of termination of the sales contract of article 3, LA MAISON DU CONVERTIBLE GROUPE MISWA reimburses any sum that the Buyer has paid in advance of the price within seven days of receipt of the Buyer's request .

No compensation may be claimed if a Product cannot be manufactured or delivered either for a cause attributable to the Buyer, or due to force majeure or unforeseeable events beyond the control of LA MAISON DU CONVERTIBLE GROUPE MISWA.

The Products are covered by the legal guarantee of conformity. The warranty can only apply if the product has been used for its intended purpose and under normal conditions of use.
LA MAISON DU CONVERTIBLE GROUPE MISWA obviously cannot apply this guarantee in the case of deterioration caused by causes unrelated to the intrinsic qualities of the product.
The warranty also does not cover the consequences of normal wear and tear of the Product at the time of the claim.
Likewise, damage resulting from mounting or assembly errors is not covered by this warranty when the Buyer is responsible for this mounting or assembly himself or a third party.
Furthermore, LA MAISON DU CONVERTIBLE GROUPE MISWA applies the legal guarantee under the terms of which it guarantees the Buyer against all the consequences of defects and hidden defects that might be revealed by the Product sold, under the conditions set by law and included in Annex.

The 10-year La Maison du Convertible guarantee applies exclusively to new convertible sofas, sold in directly owned La Maison du Convertible stores. The warranty does not apply to display products. The rest of the products sold are guaranteed for 5 years.
The date of commissioning taken into consideration in the event of a dispute or complaint will be that of delivery of the new product to the consumer.
This guarantee applies within the framework of normal use, and after expertise in our factories. Coverage for repairs (labor and materials) of mattresses, structure and mechanics is on a decreasing scale.

Free structure for 5 years

• 35% the 6th year
• 30% the 7th year
• 25% in the 8th year
• 20% in the 9th year
• 15% the 10th year

Free mechanics for 5 years

• 45% the 6th year
• 35% in the 7th year
• 30% the 8th year
• 25% in the 9th year
• 15% the 10th year

Free mattress for 2 years,

• 50% the 3rd year
• 30% the 4th year
• 20% the 5th year
• 15% the 6th year
• 12% in the 7th year
• 10% the 8th year
• 8% in the 9th year
• 5% in the 10th year

APPLICATION FIELDS
The warranty applies under normal use for design, manufacturing or component defects that become apparent during use. This concerns:

• structural solidity
• solidity of the suspension or seat support
• solidity and functioning of the mechanisms
• durability and performance of mattresses with the following exclusions:

Any repair or exchange cannot under any circumstances have the effect of extending the duration of the warranty.

ARE EXCLUDED FROM THE WARRANTY
Changes in appearance linked to use of the product and natural wear and tear:

• Softening of foams, poaching of leathers, fabrics and microfibers
• Wear, tear, wrinkling and dirt on coverings
• Natural evolution of colors, varnishes and woodwork over time

The consequences of defects in use on the product:

• Alteration of colors following prolonged exposure to natural or artificial light
• Use in unsuitable atmospheric conditions (humidity or excessive heating)
• Leather changes caused by sebum and perspiration
• Products received back in a dirty condition and/or showing deliberate damage.
• Defects or damage caused to the product by use other than that for which it was designed
• Defects resulting from improper handling, use of force, excessive overloads or repairs undertaken without our agreement

In the event of a dispute and in the event that the customer and the LA MAISON DU CONVERTIBLE store would like to determine the origin of the damage and that technical expertise then appears necessary, the store will ask an official body (FCBA, CTC) to examine the product and make its findings known to the parties.

In the event that the defects result from faulty and exclusive use by the customer, the costs of this expertise will be borne by the latter.

In accordance with the legislation, when taking back your products:

• The product to be returned must be of the same type and dimensions equivalent to that which will be purchased.
• Before delivery of the purchased product, the customer must dismantle all removable parts of the product and make it accessible to the service provider. This must be done at the place and date of delivery indicated on the delivery note.
• The product must be correctly packaged and grouped ready for collection.
• The product to be returned must not present any danger to the safety or health of the delivery provider.

If all its obligations are not respected, the service provider may refuse the recovery or bill this service according to their price list.

These General Conditions of Sale are subject to French law. Any difficulty that may arise during their execution will be submitted to the French Courts.