General Terms and Conditions of sales.

1. Definition  

For the purposes of these General Terms and Conditions of Sale (GTCS), the following terms shall have the following meaning:
Customer: Any person who makes a purchase on the Website.
General Terms and Conditions of Sale (GTCS): Refers to the contractual relationship between, on the one hand, the company D(&)SIGN, registered in the Créteil Trade and Companies Register under the number 505 124 644 and whose registered office is located at 14 avenue du Château 94170 Le Perreux-sur-Marne, and, on the other hand, the Customer who purchases a Product offered for sale on the Website www.theoneoffparis.com
Products: shall designate cat trees and cat accessories created, manufactured and marketed by D(&)SIGN on the Website.
Website: shall designate D(&)SIGN's Internet site accessible at the address www.theoneoffaris.com to which the General Terms and Conditions of Sale apply.

2. Subject

The purpose of the present General Terms and Conditions of Sale is to define the conditions of sale and delivery of the Products purchased on the Website published by D(&)SIGN, as well as the rights and obligations of the parties with regard to the contract for the sale of Products. 

3. Acceptance and modification of the GTCS

When placing an order for a Product on the Website, all Customers must read and accept, without reservation, these GTCS.
In the absence of acceptance of these GTCS, the Customer will not be able to place any order for a Product.
These GTCS may be modified, in whole or in part, at any time, particularly for technical reasons or in the event of new legal or regulatory obligations.
Any changes will take effect as soon as they are posted online.

4. Characteristics of the products

The characteristics of the Products sold by D(&)SIGN are described on the Website.
The illustrations of the Products sold available on the Website are provided for information only.
The cat trees are made to order.

 5. Price

The prices of the Products are those indicated on the Website on the day of the order, in euros for Europe, in US dollars for the United States, in pounds sterling for the United Kingdom, including VAT.
For Products delivered outside the European Union, customs duties may be due and will be charged to the Customer.
The prices indicated do not include delivery costs, which will be paid in addition by the Customer at the time of the order.
D(&)SIGN can modify the prices of the Products at any time.
Bank charges remain the responsibility of the Customer.
The Products remain the property of D(&)SIGN until full payment has been received.

6. Ordering

 6.1. Registration of the order

The Customer who wishes to order one or more Products on the Website must first:
– accept these GTCS
– provide an email address
– provide full names
– provide a postal address.

 The Website then summarises the order, the price, the delivery costs and the indicative delivery times.
Before proceeding with the payment of the price, the Customer can check, modify or cancel his order.

6.2. Validation of the order

The order will be definitively validated once the payment has been made in full.
The Customer will receive a confirmation email from D(&)SIGN.

 6.3. Refusal to order

D(&)SIGN has the right to refuse or cancel an order, for legitimate reasons, in case of unavailability or out-of-stock condition of a Product, or in case of non-payment by the Customer. It will inform the Customer by email.

7. Terms of payment

The price of the Products is payable in cash at the time of the order.
The Customer pays the price by credit card, Visa, Mastercard, American Express, or any other payment method, via a secure payment platform.
In the event of a transaction being refused by the Customer's bank or by the payment service provider, D(&)SIGN cannot be held responsible.

8. Delivery

Delivery is carried out by D(&)SIGN service providers.
The delivery costs, to be borne by the Customer, and the delivery times, are indicated when the order is placed on the Site, in accordance with Article 6.1 hereof.
Orders are delivered to the address indicated by the Customer at the time of ordering in accordance with article 6.1 hereof.
Deliveries are only possible within the European Union, the United States and the United Kingdom.

9. Right of withdrawal

In accordance with the provisions of Article L.221-18, 3° of the Consumer Code, the right of withdrawal cannot be exercised for goods made to measure.

10. Responsability of the d&sign

D(&)SIGN cannot be held responsible for any damage resulting from the misuse of the Product, or from negligence on the part of the Customer, in particular a bad installation of the Product.
It is imperative that the installation of the Product is carried out by a professional.

D(&)SIGN makes every effort to ensure the proper functioning of the Website.

The company D(&)SIGN cannot be held responsible in any case, in particular:
– in the event of interruption or technical malfunction, whether temporary or prolonged, of the Site, for any reason whatsoever, in particular in the event of force majeure;
– in case of contamination by computer viruses.

D(&)SIGN cannot be held responsible for any transaction refused by the Customer's bank or by the payment service provider.

11. Guarantees

 11.1 Legal guarantee of conformity

In accordance with the provisions of Articles L.217- 4 and following of the Consumer Code, D(&)SIGN is bound by a legal obligation to guarantee conformity.

Article L.217-4 of the Consumer Code states that:

"The property is in conformity with the contract if it meets the following criteria, where applicable:
1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability or any other characteristic provided for in the contract;
2° It is fit for any special purpose intended by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and accepted by the latter;
3° It is delivered with all accessories and installation instructions, to be provided in accordance with the contract;
4° It is updated in accordance with the contract.

Article L.217-5 of the same Code provides that:

"I. In addition to the criteria of conformity with the contract, the good is in conformity if it meets the following criteria:
1° It is fit for the purpose normally expected of goods of the same type, taking into account, where appropriate, any provisions of European Union and national law and any technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
2° Where applicable, it has the qualities which the seller presented to the consumer in the form of a sample or model before the conclusion of the contract; (...)".

In the event of a lack of conformity, in the sense of the provisions of articles L.217-4 and L.217-5 and following of the French Consumer Code, the Customer may, within a period of 2 (two) years from the delivery of the Product, request from D(&)SIGN, at the email address contact@theoneoffparis.com, the replacement or repair of the Product, in accordance with the provisions of article L.217-8 and following of the Consumer Code.

In the event of a request for replacement or repair, the Customer will be obliged to return the non-conforming Product to D(&)SIGN at his own expense.

If the repair or replacement of the Product is impossible or entails a cost that is clearly disproportionate to the value of the Product, D(&)SIGN may refuse to bring the Product into conformity, in accordance with the provisions of article L.217-12 of the French Consumer Code.

According to the provisions of article L.217-14 of the French Consumer Code, the Customer may only obtain a refund of part of the purchase price, or of the entire purchase price, in the following cases

"1° Where the trader refuses to comply;
2° If the conformity is achieved after a period of thirty days following the consumer's request or if it causes him a major inconvenience;
3° If the consumer definitively bears the cost of taking back or removing the non-conforming goods, or if he bears the installation of the repaired or replacement goods or the related costs;
4° When the non-conformity of the property persists despite the seller's unsuccessful attempt to bring it into conformity.
The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in price or rescission of the contract. The consumer is then not obliged to request repair or replacement of the goods beforehand.
The consumer shall not be entitled to rescind the sale if the lack of conformity is minor, which it is for the seller to prove. This paragraph shall not apply to contracts in which the consumer does not pay a price.

11.2 Guarantee for hidden defects

In accordance with the provisions of articles 1641 and following of the civil code, the company D(&)SIGN is bound by a legal obligation to guarantee against hidden defects.

Article 1641 of the Civil Code states that:

"The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would have given only a lower price for it, if he had known about them.

Article 1642 of the same Code provides that:

"The seller is not liable for apparent defects of which the buyer has been able to convince himself. 

In the event of a hidden defect, as defined in article 1641 of the French Civil Code, the Customer may, within a period of 2 (two) years from the discovery of the hidden defect, request from D(&)SIGN, at the following email address contact@theoneoffparis.com, the full reimbursement of the price if he/she wishes to return the Product, or the reimbursement of a part of the price if he/she decides to keep the Product, in accordance with the provisions of article 1644 of the French Civil Code and following.

In the event of a request for a full refund, the Customer will be required to return the Product to D(&)SIGN at his own expense.

12. Disputes

Any claim related to a Product or to the present General Terms and Conditions, shall be addressed to D(&)SIGN, by registered mail with acknowledgement of receipt to the following address: D(&)SIGN 39 rue Volta 75003 Paris or by email to the following address: contact@theoneoffparis.com, in order to find an amicable solution. 

In the absence of an amicable solution, the Customer may refer the matter to a mediator by contacting the Centre de la Médiation de la Consommation de Conciliateurs de Justice, located at 14 rue Saint Jean, 75017 Paris, tel: 01 89 47 00 14 by filling in their online request form on their website https://www.cm2c.net/declarer-un-litige.php or by sending a registered letter with acknowledgement of receipt or by email to the following address: cm2c@cm2c.net.

13. Applicable law

The present GTCS are subject to French law and only the French courts have jurisdiction to hear any dispute between the parties.