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1.1 These general conditions (hereinafter “the General Conditions”) pertain to Wissam Farhi – Farhi Design and its private or business clients (“The Clients or the Client”) procuring services described in article 2.
1.2 Contact details of the company Farhi Design SASU with a capital of 1,000 euros, registered with the RCS in Nice under number 880966122, VAT number FR 03880966122 (hereinafter the “Service Provider” or “Farhi Design”) are as follows: Villa Yucatan -21 avenue Auguste Galtier – 06230 Villefrance-sur-Mer – +33 6.68.79.04.42 – contact@farhidesign.com and customers@farhidesign.com
1.3 General Conditions are brought to the attention of the Client before any service is procured. They are accessible on the site www.farhidesign.com (“the Site”) and repeated on the back of the Service Provider’s order forms or attached as a pdf file to these same order forms.
1.4 These General Conditions may be subject to modification at any time, the applicable version in regards to any Service ordered by the Client, being that in vigour on the date the signed quote is sent to the Client by the Service Provider.
1.5 These General Conditions take precedent over all other documents drawn up by the Service Provider and / or the Client, excepting any particular mentions that may appear on the quotes issued by Farhi Design, which will predominate these General Conditions, in the event of contradiction.
Farhi Design offers two types of services (hereinafter “the Services”) in regard to ordering and purchasing furniture and / or accessories (hereinafter “the Products”) on behalf of the Client:
Each order is subject to approval by Farhi Design in the form of a purchase order. An order is confirmed by Farhi Design upon receipt of said purchase order signed by the Client and bearing the words “signed and accepted”. The Client must verify the accuracy of the purchase order (quantities and type of furniture ordered).
4.1 Each order is invoiced to the Client by Farhi Design:
4.2 Prices appear on all purchase orders, indicated in Euros before and with VAT (delivery costs are included or indicated separately). This pricing does not take into account assembly or installation costs, which will be invoiced separately by Farhi Design when included in services agreed upon, nor any other costs (in particular transaction costs, etc.) which would be invoiced by the Product’s suppliers to Farhi Design.
4.3 Orders are invoiced to the Client, before shipment, according to the payment terms indicated on the purchase order.
4.4 Payment is made by bank transfer or check. Product ownership transfer occurs upon full payment.
4.5 Late payments by the Client are subject to fees in accordance with those applied by the Product’s suppliers within the limit of the legal provisions in vigour.
5.1 The Products are offered according to available stock and delivered to the address indicated by the Client. An order can be delivered in several packages and on different dates, to which the Client consents.
5.2 Delivery times vary depending on the Products (particularly depending on lead time, transporter availability and suppliers’ sales conditions).
These are specified to Client before each order is placed. Deadlines may be re-evaluated during the Service depending, in particular, when the signed invoice is returned by the Client and the Service is paid.
In the event of late delivery, Farhi Design will avert the Client as soon as possible. The responsibility of Farhi Design cannot be sought by the Client in the event of delays attributable to the Products’ suppliers without prejudice to the applicable provisions of the consumer code. Farhi Design is not liable in the event of delay or non-execution due to force majeure.
5.3 During the course of the Service, any Product which is ultimately no longer available for reasons beyond the control of Farhi Design will be replaced by an equivalent Product, to which the Client consents.
6.1 In accordance with Articles L.221-18 of the Consumer Code and following, the purchasing Client (excluding the professional Client except in the case referred to in Article L. 221-3 of the Consumer Code) has a period of 14 (fourteen) calendar days, from the conclusion of the contract or the receipt of the Products, to withdraw without having to justify any reason or incur penalties.
This option does not apply to goods made to the Client’s specifications or which are clearly personalized. In the case of an order for several Products delivered separately, the period starts from receipt of the last Product. Costs (even when the delivery costs to the Client have been waived) and risks of returning the products are the Client’s responsibility.
6.2 The Products must be returned in good condition with their original parts (packaging, accessories, instructions, wiring, fixings, etc.) duly sealed, and accompanied by the corresponding invoice. Any item damaged and / or delivered as a kit cannot be returned or refunded.
The Client will express this decision to withdraw by registered mail or email to the contact details referred to in article 1.2 and, where applicable, via the form available on the Site. In the event of withdrawal, the Service Provider shall reimburse the Client for the sums received within 14 (fourteen) days of the date of withdrawal or until the 1st of the following two dates: proof of return shipment of the Product by the Client and / or receipt of the Product. Reimbursement is made using the same means of payment as that used by the Client, unless expressly agreed by the Client.
7.1 Products purchased by the Client are covered under the common law guarantee against latent defects resulting from a design flaw or manufacturing defect affecting the products and rendering them unfit for use under the conditions and modalities defined in articles 1641 and 1648 of the Civil Code.
7.2 Products purchased by the Client (excluding professional Clients) are under legal guarantee of conformity for those visibly unfit for typical use, not having the characteristics or qualities indicated and legitimately expected by the buyer with regard to the description of the Product. This right can be exercised under the conditions and according to the modalities defined in Articles L 217-4 et seq. of the Consumer Code. As an exception to the above, the legal guarantee of conformity is not applicable to orders made according to article 2 (ii), the latter occurring in the context of a Service where the choice (and therefore the characteristics of the products) are part of a consultancy service provided by Farhi Design at the express request of the Client. The Client expressly affirms to understand that the possibility of returns and reimbursement of delivered products, according to article 2 (ii) is limited, and that Farhi Design will do its best satisfy the Client.
7.3 The Customer may obtain, depending on the type of Products and suppliers, additional commercial guarantees allowing the exchange, reimbursement or repair of Products. Such guarantees are the subject to a written agreement indicating, in particular, the content of the guarantee, the terms of its implementation, price and duration.
In accordance with Law #78-17 dating January 6, 1978, relating to computers, files and rights (as subsequently amended), personal data collected from Clients is necessary for processing and invoicing orders for a Service. This data may be communicated to the Service Provider’s partner responsible for the execution, processing, management and payment of orders, which the Client expressly accepts. The processing of information transmitted by the Client has been declared to the CNIL. The Client has a right to permanently access, modify, rectify and oppose this information by contacting: contact@farhidesign.com.
Farhi Design is the owner of the following trademark registered with the INPI: Farhi Design. The general structure, as well as all documents, information, texts, graphics, images, photographs or any other content disseminated on the Farhi Design website or in any other medium are the property of Farhi Design (or of third parties having been granted use) and are protected throughout the world under author’s rights and intellectual property. Consequently, and in accordance with the French Intellectual Property Code, only private use is authorized which is subject to more restrictive applicable legal or regulatory provisions. Any total or partial reproduction of this site or any of its elements without the express prior authorization of Farhi Design is prohibited. Any representation, alteration, modification or reproduction of this site, by any means whatsoever, would constitute an infringement, sanctioned by the competent French court.
The Client authorizes Farhi Design to take photos of its interior before and after completion of the Service for promotional purposes. Farhi Design may reproduce and modify these photos as needed and use them throughout the world on all possible existing and future media (magazine, TV, web, mobile, etc.) for the entire legal term of copyright.
10.1 These General Conditions are governed by French law. Any dispute that may arise between the Service Provider and the Client relating to the performance of a Service and more generally to the validity, interpretation and performance of these General Conditions, which could not be resolved amicably will be subject to the competent court in accordance with common law.
10.2 The Client may resort to conventional mediation, in particular with the Commission for Consumer Mediation (Article L. 534-7 of the Consumer Code) or with any existing sectoral mediation organization.