Term of sale
ARTICLE 1 - Scope
These General Terms of Sale apply, without restriction or reservation, to all sales made by KOHLER FRANCE to non-professional customers and buyers (the “Customers or Customer”), wishing to acquire the products offered for sale by the Seller (the “Products”) on the Internet site www.sanijura.fr. They notably indicate the conditions for ordering, payment, delivery and management of possible returns of the Products ordered by Customers. The following Products are available for sale on the Internet site www.sanijura.fr:
- Bathroom accessories (lighting, mirror, linen basket, towel rack, toothbrush holder…),
- Furnishings: storage units (shelf, open storage…),
- Bathroom furniture (cabinet, vanity top with integrated basin, vanity top with inset basin, basin…).
The main characteristics of the Products and notably the specifications, illustrations and indications of dimensions or capacities of the Products are presented on the Internet site www.sanijura.fr. The Customer is required to review them prior to placing an order. The Customer is solely responsible for the choice and purchase of a Product.
Photographs and graphics presented on the Internet site www.sanijura.fr are not contractual and generate no liability on the part of the Seller. The Customer is required to refer to each Product’s description in order to determine the essential properties and particularities thereof.
The electrical connection system is compatible with the French electrical system. The customer must ensure the compliance of the connections with the electrical system in use within his/her country.
Products are offered within the limits of the available stock, as indicated when placing the order.
The Seller’s contact details are the following:
Kohler France - SaniJura
33, rue Stephen Pichon
BP 107
39302 CHAMPAGNOLE CEDEX
These General terms of sale apply while excluding all other conditions, and notably any conditions applicable for sales in stores or through any other distribution or marketing circuits.
These General Terms of Sale can be accessed at any time on the Internet site www.sanijura.fr and, as relevant, they prevail over any other version or any other conflicting document.
The Customer confirms having reviewed these General terms of sales and having accepted them by ticking the box provided for this purpose prior to the start of the online ordering process, as well as the general terms of use of the Internet site www.sanijura.fr.
These General Terms of Sale can be subject to subsequent modifications, with the version posted on the Internet site on the date of the order being the version applicable to the Customer’s purchase. In the absence of contrary proof, the data recorded in the Seller’s information system constitutes proof of all transactions concluded with the Customer.
In compliance with the French Data Protection Act of 6 January 1978, the Customer has, at all times, the right to access, rectify and oppose the use of all personal data pertaining to him/her by sending an e-mail to info@sanijura.fr or by writing to:
Kohler France - SaniJura
Marketing Department
33, rue Stephen Pichon
BP 107
39302 CHAMPAGNOLE CEDEX,
while providing proof of his/her identity.
The order’s validation by the Customer implies acceptance of these General Terms of Sale without restrictions or reservations.
The Customer acknowledges having the capacity needed to enter into a contract and acquire the Products offered on the Internet site www.sanijura.fr.
The Products shown on the Internet site www.sanijura.fr are offered for sale in the following territories: France, Belgium, Germany, Luxembourg, Austria, Netherlands, Switzerland, United Kingdom, Norway.
In case of an order to a country other than mainland France, the Customer is the importer of the Product(s) in question. For all Products shipped outside of the European Union and DOM-TOM, the price will automatically be calculated without tax in the invoice. Customs duties or other local taxes or import levies or taxes may be applicable, and will be the sole responsibility of the Customer.
Changes to these General Terms of Sale are enforceable on users of the Internet site www.sanijura.fr as soon as they are uploaded, but do not apply to previously concluded transactions.
ARTICLE 2 – Orders
On the Internet site www.sanijura.fr the Customer must select the Products that s/he wishes to order, according to the following provisions:
- Creation of a customer account,
- addition of the product(s) to the basket,
- input of information relative to the delivery,
- acceptance of the GTS,
- online payment using one of the payment means proposed by the site.
The contractual information is presented in French, English, German or Dutch, according to the location of the site’s use, and will require a confirmation at the latest at the time of the Customer’s validation of the order.
Product offers are valid as long as they are displayed on the site and within the limits of the available stocks.
The sale is only considered to be final once the Customer has received confirmation of the order’s acceptance from the Seller by e-mail, and after collection of the entire price by the latter.
For orders placed exclusively via the Internet, an order is recorded on the Service provider’s site once the Customer accepts these General Terms of Sale by ticking the box provided for this purpose and validating the order. The Customer can verify the details and total price of the order, and then correct any possible errors before confirming his/her acceptance (article 1127-2 of the Civil Code). This validation implies acceptance of all of these General Terms of Sale, and constitutes evidence of the sale contract.
The Customer must therefore verify the accuracy of the order and immediately report any error.
Any order placed via the Internet site www.sanijura.fr constitutes a distance contract concluded between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relative to the payment of a previous order.
The Customer can monitor the progress of his/her order on the Internet site www.sanijura.fr.
The Seller does not intend to sell the Products on the Internet site www.sanijura.fr to professionals, but only to consumers or non-professionals, for their personal needs. The Seller therefore reserves the right to refuse orders involving more than three (3) identical items of a single Product.
ARTICLE 3 - Rates
The Products are provided at the rates in effect as shown on the Internet site www.sanijura.fr. The prices are listed in euros including tax (in Pounds Sterling including tax for the site www.sanijura.uk, in Swiss francs including tax for the site www.sanijura.ch) and include any mandatory additional contribution, if relevant, of the WEEE or eco-furnishings type.
The rates include any possible reductions granted by the Seller on the Internet site www.sanijura.fr.
These rates are firm and non-revisable during their validity period, as indicated on the Internet site www.sanijura.fr, with the Seller reserving the right, outside of this validity period, to modify the prices at any time. They include handling, shipping, transportation and delivery expenses.
The payment requested from the Customer is equal to the total purchase amount, including these costs.
The Seller prepares an invoice and remits it to the Customer upon receiving payment.
ARTICLE 4 - Payment terms
The price is payable in total on the day of the Customer’s order, by means of a secure payment using the following provisions:
- by bank card: notably Visa, MasterCard, American Express, and others,
- by Paypal,
- by Ideal.
Payment data are exchanged in encrypted mode using the PCI DSS protocol (level 1 service supplier), key management process included.
The Seller also reserves the right, in case of non-compliance with the above payment terms, to suspend or cancel delivery of orders in progress placed by the Customer.
No additional charge in excess of the costs borne by the Seller for the usage of a payment means can be invoiced to the Customer.
ARTICLE 5 - Deliveries
Products ordered by the Customer will be delivered within mainland France (and in the following countries England, Norway, Belgium, Netherlands, Luxembourg, Switzerland, Germany, Austria) within eight (8) weeks for bathroom furniture and two (2) weeks for accessories (as well as the JIM unit) as of the order acceptance date.
Delivery consists of transfer to the Customer of the physical possession or control of the Product.
Except in special cases or of unavailability of one or more Product(s), the ordered Products will be delivered all at once.
The Seller undertakes to make every effort to deliver the products ordered by the Customer within the time limits stated above. However, these time limits are only for information purposes. Nevertheless, if the ordered Products are not delivered within fifteen (15) weeks after the estimated delivery date, for any reason other than force majeure or due to actions of the Customer, the sale can be rescinded by written request from the Customer under the conditions of articles L 216-2, L 216-3, L241-4 of the Consumer Code. Sums paid by the Customer will then be returned at the latest within 14 days following the contract termination, while excluding any other compensation or withholding.
Deliveries are made via an independent carrier, to the address indicated by the Customer when ordering, and that the carrier will be able to access easily.
The Customer must verify the condition of the delivered products. S/he has a time limit of twenty-four business hours as of the delivery in order to submit, by e-mail sent to the SaniJura Marketing Department (info@sanijura.fr), all reservations or complaints for non-conformity or obvious defect of the delivered Products (for example parcel damaged or already open...), with all relevant supporting proofs (notably photos). After this time and if these formalities have not been respected, the Products will be deemed as compliant and exempt from any obvious defect and no complaint will be validly accepted by the Seller.
As soon as possible and at its expense, the Seller will reimburse or replace the delivered Products for which the conformity faults or obvious or hidden defects have been duly established by the Customer, under the conditions listed in articles L 217-4 et seq of the Consumer Code and the conditions contained in these General Terms of Sale (see guarantees, notably).
ARTICLE 6 - Transfer of ownership – Transfer of risks
The transfer of ownership of the Products from the Seller occurs upon acceptance of the order by the latter, which confirms the agreement of the parties relative to the item and its price, regardless of the date of payment and delivery.
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Regardless of the date of the transfer of ownership of the Products, the transfer of the related risks of loss and deterioration will only occur when the Customer take physical possession of the Products. The Products therefore travel at the Seller’s risks and perils.
ARTICLE 7 - Right of withdrawal
In compliance with the prevailing legal provisions, the Customer has a time limit of fourteen (14) days as of receipt of the Product in order to exercise his/her right of withdrawal with the Seller, without having to provide reasons nor pay any penalty, for the purposes of exchange or refund, provided that Products are returned in their original packaging and in perfect condition within fourteen (14) days after the Seller is notified of the Customer’s withdrawal decision.
Returns must be made in their original and complete condition (packaging, accessories, instructions…) that will allow them to be resold in new condition, together with the purchase invoice.
Damaged, soiled or incomplete Products will not be taken back.
The right of withdrawal can be exercised online using the withdrawal form available on the Internet site www.sanijura.fr, in which case an acknowledgement of receipt on a durable medium will immediately be sent to the Customer by the Seller, or using any other declaration, devoid of ambiguity, that expresses the withdrawal desire.
If the right of withdrawal is exercised within the aforesaid time limit, only the price of the purchased Product(s) and delivery expenses are reimbursed; return expenses are borne by the Customer.
Reimbursement will be made within a time limit of fourteen (14) days as of the Seller’s receipt of the Products returned by the Customer under the conditions indicated in this article.
ARTICLE 8 - Seller’s responsibility - Guarantee
The Products sold on the Internet site www.sanijura.fr are compliant with the regulations applicable in France and offer performances suitable for non-professional use.
In compliance with the legal provisions, the Products provided by the Seller automatically benefit, without additional payment and independently of the right of withdrawal, from:
- the legal conformity guarantee for Products that are apparently defective or damaged in any way, or that do not correspond with the order,
- the legal guarantee against hidden defects resulting from a flaw involving the material, design or manufacturing of the delivered products, thereby rendering them unsuitable for use,
under the conditions and according to the provisions indicated in the box below, and defined in the appendix to the General Terms of Sale (Conformity guarantee / Guarantee against hidden defects).
In order to claim his/her rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum of twenty-four (24) business hours as of the delivery of the Products or existence of hidden defects within the above-mentioned time limits, and return the defective Products by mail or to the store in the condition in which they had been received, with all elements (accessories, packaging, instructions…).
The Seller will refund, replace or arrange for repair of the Products or parts under guarantee that are found to be non-conforming or defective.
Shipping costs will be refunded on the basis of the invoiced rate, and return expenses will be reimbursed upon presentation of receipts.
Refunds for Products found to be non-conforming or defective will be made as quickly as possible and at the latest within 14 days after the Seller’s acknowledgement of the conformity flaw or hidden defect.
The refund will be made by crediting the Customer’s bank account, or by bank cheque sent to the Customer.
The Seller cannot be held liable in the following cases:
- non-compliance with the laws of the country to which the products are delivered, which the Customer must verify,
- in case of improper use, usage for professional purposes, negligence or lack of maintenance on the part of the Customer, or in case of normal wear of the Product, or accident or force majeure.
In any event, the Seller’s guarantee is limited to replacement or refund for Products that are non-conforming or defective
In addition to the legal guarantees regarding conformity and hidden defects, Products purchased on the Internet site www.sanijura.fr can benefit from a fee-based contractual guarantee as indicated in the description of each relevant Product, according to the terms, conditions and rates indicated in the appendix to these General Terms of Sale.
ARTICLE 9 - Information Technology and Freedoms
In application of law 78-17 of 6 January 1978, it is recalled that the personal data requested from the Customer are needed notably for the processing of his/her order and the preparation of invoices.
These data can be conveyed to the Seller’s possible partners in charge of the fulfilment, processing, management and payment of orders.
The processing of the information provided via the Internet site www.sanijura.fr has been declared to the CNIL.
In compliance with the prevailing national and European regulations, the Customer has a permanent right to access, modify, rectify and oppose the use of the information relating to him/her.
This right can be exercised under the conditions and according to the methods defined on the Internet site www.sanijura.fr.
ARTICLE 10 - Intellectual property
The content of the Internet site www.sanijura.fr is the property of the Seller and its partners, and is protected by the French and international laws relative to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and could constitute an act of infringement.
Moreover, the Seller remains the owner of all intellectual property rights pertaining to photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the Customer’s request) in order to provide services to the Customer. The Customer will therefore refrain from any reproduction or use of the said studies, drawings, models and prototypes, etc., without the prior, formal and written authorisation of the Seller, which can demand a financial consideration.
ARTICLE 11 - Force majeure
The Parties cannot be held liable if the non-fulfilment or delayed fulfilment of any of their obligations as described herein results from a case of force majeure, pursuant to article 1218 of the Civil Code.
By formal agreement, the cases accepted by case law and the law constitute cases of force majeure.
The party observing the event must without delay so inform the other party of its inability to perform its service, while providing proof of this inability. The suspension of obligations can under no circumstances result in liability for non-fulfilment of the obligation in question, nor result in the payment of damages and interest or late penalties.
The fulfilment of the obligation is suspended for the entire duration of the force majeure if it is temporary, i.e. not exceeding a period of thirty (30) days. Accordingly, upon the disappearance of the cause for the suspension of their reciprocal obligations, the parties shall make every effort to resume, as quickly as possible, the normal fulfilment of their contractual obligations. To this end, the prevented party will inform the other party of the resumption of its obligation by registered letter with acknowledgement of receipt or any extrajudicial document. If the impediment is definitive, or lasts for more than thirty (30) days, these GTS will be purely and simply rescinded according to the provisions defined in the article “Rescission due to force majeure” below.
During this suspension, the parties agree that any costs resulting from the situation will be at the expense of the prevented party.
ARTICLE 12 - Rescission due to force majeure
Automatic rescission due to force majeure can only, notwithstanding the following “Rescission due to a party’s failure to meet its obligations” clause, take place eight (8) days after receipt of a formal notice sent by registered letter with acknowledgement of receipt or any extrajudicial document.
ARTICLE 13 – Anti-corruption
The Customer must fulfil its obligations in compliance with the applicable law. More specifically, the Customer declares that it complies and will continue to comply with American, French as well as any local anti-corruption laws.
The Customer shall make no inappropriate payment or offer (or accept any such payment or offer), whether directly or indirectly, to any person, notably including but not limited to any government or official thereof, employee of a public corporation, representative of a political party or political candidate, in an effort to receive or maintain a commercial benefit.
ARTICLE 14 – Laws relative to exports
The Customer undertakes to comply with all regulations of France, United States, his/her country of residence and/or any other relevant country with regard to exports (hereinafter the “Laws Relative to Exports”) such that none of the Products marketed under the Sanijura trademark will be directly or indirectly exported and/or transhipped in violation of the Laws Relative to Exports or used for purposes prohibited by the Laws Relative to Exports. The Customer undertakes to immediately inform KOHLER FRANCE in writing in the event of any possible or established violation of any of the Laws Relative to Exports, in any manner. KOHLER FRANCE reserves the right to cancel the acceptance or delivery of any order in case of probable or established violation of any one of the Laws Relative to Exports.
ARTICLE 15 - Applicable law – Language
These General Terms of Sale and the resulting transactions are governed by and subject to French law.
The General Terms of Sale are drafted in French. In the event of translation into one or more foreign languages, only the French text will be authoritative in the event of any dispute.
ARTICLE 16 - Disputes
All disputes possibly resulting from the purchase and sale operations concluded in application of these general terms of sale, relative to their validity, interpretation, fulfilment, termination, consequences and sequels and that could not be resolved between the seller and the customer will be brought before the courts of Paris.
The Customer is informed that s/he can in any event have recourse to contractual mediation, notably through the Commission de la médiation de la consommation (Consum. code art. L 612-1) or through existing sectoral mediation bodies, the references of which are provided on the Internet site www.sanijura.fr or to any other alternative means for settling disputes (e.g. conciliation) in case of dispute.
ARTICLE 17 - Pre-contractual information – Acceptance of the Customer
The fact of a natural (or legal) person ordering via the Internet site www.sanijura.fr implies full and entire adherence and acceptance of these General Terms of Sale and an obligation to pay for the ordered Products, which is formally recognised by the Customer that notably waives any right to claim any conflicting document, which would be unenforceable against the Seller.
APPENDIX I - Provisions relative to legal guarantees
Article L217-4 of the Consumer code:
The seller is required to deliver an item that complies with the contract, and answers for conformity faults existing at the time of the delivery. It also answers for conformity faults resulting from the packaging, assembly or installation instructions when it is responsible for the latter or they are performed under its responsibility.
Article L217-5 of the Consumer code:
To be compliant with the contract, the item must:
- Be suitable for the usage normally expected from a similar item, and as relevant:
- correspond with the description provided by the seller and have the qualities presented by the latter to the buyer in the form of a sample or model
- have the qualities that a buyer could legitimately expect in view of the public statements made by the seller, by the producer or by its representative, notably through any advertising or labelling
- or have the characteristics defined by mutual agreement between the parties or be suited for a specific use intended by the buyer, indicated to the seller and that the latter has accepted.
Article L217-12 of the Consumer code:
Actions relating to a conformity fault are subject to a limitation of two years as of the delivery of the item.
Article L217-16 of the Consumer code:
When the buyer asks the seller, during the period of the commercial guarantee granted to the buyer at the time of the acquisition or repair of a movable asset, for a renovation under the guarantee, any period of immobilization of at least seven days must be added to the remaining duration of the guarantee. This period begins with the request for intervention from the buyer or the delivery for repair of the item in question, if the said delivery occurs after the intervention request.
Article 1641 of the Civil Code:
The seller is bound by the guarantee for hidden defects affecting the item sold and that render it unsuitable for its intended usage, or that decrease this usage to a point that the buyer would not have acquired it, or would only have paid a lower price, if s/he had been aware of them.
Article 1648 sub-paragraph 1 of the Civil Code:
The action resulting from redhibitory defects must be brought by the buyer within a period of two years of discovery of the vice.
APPENDIX II - Withdrawal form
The following form must be completed and sent,
- by e-mail to the address: info@sanijura.fr or
- by postal mail:
for the attention of Kohler France - SaniJura
Marketing Department
33, rue Stephen Pichon
BP 107
39302 CHAMPAGNOLE CEDEX,
only if the Customer wishes to withdraw from the order placed on www.sanijura.fr except in case of exclusions or limits to the exercise of the right of withdrawal in accordance with the applicable General Terms of Sale.
FORM
I hereby declare my withdrawal from the contract relative to the order for the following services:
- Order of ……………………………………………………………………………………………………………………………
- Order number ...............................................................................................................
- Customer’s surname and first name: .............................................................................................................
- Customer’s address: ..........................................................................................................................