Les présentes conditions générales de vente (ci-après « CGV ») sont à lire attentivement et s’appliquent à toute commande passée sur le site internet https://thierry-lemaire.fr/ (ci-après « le Site ») entre la société Thierry Lemaire Paris, SARL dont le siège social est situé 18, rue de Beaune à Paris (75007), enregistrée au Registre du commerce et des sociétés de Paris sous le numéro 839 228 251 (ci-après dénommé « Thierry Lemaire »), et un acheteur particulier ou professionnel (ci-après dénommé « l’Acquéreur ») pour des besoins personnels, et non destinés à la revente, ni à un usage professionnel, ni à tout usage à des fins de promotion professionnelle ou commerciale.

Le site internet appartient à Monsieur Thierry Lemaire 18 rue de Beaune, 75007 Paris, France +33 (0)1 45 51 22 82 E-mail: [email protected] Numéro de TVA intracommunautaire : FR04 839 228 251

Acceptance - Enforceability – Capability
These general terms and conditions of sale (hereafter “Terms and conditions”) must be read carefully. They apply to all orders placed on the website https://thierry-lemaire.fr/ (hereinafter “the Website”) between the company Thierry Lemaire Paris, Limited Liability Company (« SARL »), which head office is located 18, rue de Beaune (75007) Paris, registered with the Paris trade Register and Companies under n°839 228 251 (hereinafter « Thierry Lemaire »), and an individual or professional buyer (hereinafter "the Buyer") for his/her personal needs and not for resale, nor for professional use and professional or commercial promotion.
Products
Products and / or finishes with a « shopping cart » picture are available online only. Thierry Lemaire have the right to change its offer at any time, by adding, modifying, or removing some Products. The Products are presented as accurately as possible. The perfect representation of the Products on the Website cannot be guaranteed, in particular because of the differences in the rendering of colours or materials due to the Internet navigation software and/or the display monitors. The delivered Product may differ from the one presented on the Website without entailing a right of cancellation of the sale for the Buyer i) if the Product in question is a Product of artisanal or semi-artisanal manufacture for which Thierry Lemaire cannot ensure a perfect homogeneity of the production, ii) or if the Product has been, between the date of order and the date of delivery, adapted due to technical or technological developments and provided, in these two cases, that the difference does not relate to the essential characteristics of the Products, that it does not affect their quality and that it does not generate a price increase (see provision INFORMATION - WARNING - RECOMMENDATIONS FOR THE EVALUATION OF THE QUALITY OF THE PRODUCTS below).
Prices & Rates
The prices charged by Thierry Lemaire are those in force at the date of validation of the order by the Buyer. The prices of the Products are displayed in Euros and are exclusive of charge and taxes whatever the origin and the destination of the order (France or abroad). The applicable taxes are those in force at the time of the order. The rates indicated in Thierry Lemaire’s commercial documents are not binding and can be modified without notice. In that case, the Buyer will be informed as soon as possible. However, the Products will be invoiced based on the rates in force at the time of the order confirmation. The Products prices never include the shipping costs. Thierry Lemaire is not in charge nor responsible for the Products shipping, except special request / agreement between the Parties.
Order
Refers to the order placed by the Buyer with Thierry Lemaire on the Website. - ONLINE ORDERING. To place an Order on the Website, the Buyer must fill in a form by which he/she indicates, as precisely as possible, his/her personal information, such as his/her name, first name and e-mail address. All the information provided by the Buyer to Thierry Lemaire must be exact, complete, and up to date. In particular, the Buyer must make sure that his/her electronic address is valid and check the rules of filtering of his/her electronic mail to avoid Thierry Lemaire’s e-mails from being considered as spam. Once the order is placed, the Buyer will receive a link to access the tracking page of his/her order. The Buyer agrees to read and accept Thierry Lemaire's privacy policy available on the Website relating to the processing of personal data (see PERSONAL DATA provision below). The contractual information relating to the orders is in French language and is stored by Thierry Lemaire the time needed to comply with legal and fiscal obligations. The Buyer is responsible and presumed to be the author of the purchases made online. Orders by telephone are not possible and those addressed to Thierry Lemaire by mail or fax will not be considered. - ORDER CONFIRMATION The Buyer is responsible for the choice and the relevance of his/her purchase in relation to his/her needs. The Buyer adds the selected Product(s) to his/her shopping cart. The Buyer has the possibility to check the details of his/her order, its total price and can make changes before any final validation. It is therefore the responsibility of the Buyer to check the accuracy of his/her order. The Buyer confirms his/her order by accepting the present Terms and conditions, which he/she acknowledges having read by checking the box "I have read, and I accept the general terms and conditions of sale", and by paying the Order. The order is definitive for the Buyer when he clicks on "Confirm and pay ", without prejudice to his/her right of withdrawal (see article L.221-1 of the French Consumer Code) (cf. clause RIGHT OF WITHDRAWAL). Thierry Lemaire has the right to refuse an order for any legitimate reason and in particular because of an unsolved litigation relating to the defect of payment of a former order. Thierry Lemaire will send by e-mail, as soon as possible, a confirmation of order including the substantial information (number of order, ordered Products, place of delivery, etc). The Buyer agrees that the order confirmation constitutes a proof of his/her contractual relationship with Thierry Lemaire. - AVAILABILITY OF THE PRODUCT If a Product is not available, Thierry Lemaire informs the Buyer as soon as possible by e-mail and, subject to the product being available later, indicates the estimated delivery period or informs him of his/her possibility to order another Product. If the Buyer remains silent or if he/she refuses the solution proposed by Thierry Lemaire, the order will be cancelled, and the payment will be refunded based on the charged price within one (1) month. The preparation and delivery costs i) will be reimbursed to the Buyer if the latter confirms the cancellation of the totality of his/her Order, ii) will remain at the charge of the Buyer if he/she confirms the delivery of one or several other available Products of the same order.
Payment
Payment is made exclusively in euros, in full at the time of the Order, by credit card. Thierry Lemaire uses the system of payment © Stripe. The Order is approved only after validation of the payment, no discount or penalty is applicable. The payments cannot be suspended or compensated without Thierry Lemaire's prior written consent. The invoice sent to the Buyer includes the information he/she provided in the Order form. The information provided may not be changed after the invoice has been issued. MANUFACTURING PERIOD Except for the furniture which is not part of the collection, i.e. furniture manufactured from a specific design or intended to be manufactured as a special project, the manufacturing period (excluding the delivery time of the carrier) is generally fourteen (14) to sixteen (16) weeks. For bronze items, lacquer and carpets, the manufacturing period is approximately six (6) months. Manufacturing periods are valid from the time the order is approved. If the manufacturing is delayed more than forty (40) days after the deadline indicated in the Order confirmation, the Buyer may cancel his Order within thirty (30) days after the end of the said forty (40) day period, by registered letter with acknowledgement of receipt. In all other cases, the extension of the deadline will be considered accepted by the Buyer.
Manufacturing period
Except for the furniture which is not part of the collection, i.e. furniture manufactured from a specific design or intended to be manufactured as a special project, the manufacturing period (excluding the delivery time of the carrier) is generally fourteen (14) to sixteen (16) weeks. For bronze items, lacquer and carpets, the manufacturing period is approximately six (6) months. Manufacturing periods are valid from the time the order is approved. If the manufacturing is delayed more than forty (40) days after the deadline indicated in the Order confirmation, the Buyer may cancel his Order within thirty (30) days after the end of the said forty (40) day period, by registered letter with acknowledgement of receipt. In all other cases, the extension of the deadline will be considered accepted by the Buyer.
Delivery
Unless otherwise specified by the Buyer, Thierry Lemaire entrusts the shipment and the delivery of the Products to the carrier of its choice. Thierry Lemaire takes all the possible precautions so that the packages are delivered in perfect condition by his specialized carrier. However, it is the Buyer’s responsibility to check the condition of the packages and the conformity of the delivered Product, and to make any reserve on the delivery form of the carrier. Thierry Lemaire will not be held responsible for the damage caused to the Products during the shipment, this responsibility falling to the carrier. The carrier's delivery terms, including time and costs depending on the Delivery Area and quantity of Products, will be specified and subject to the Buyer's agreement at the time of his/her Order. - TERMS OF DELIVERY At home at the address provided at the time of the Order by the Buyer. - DELIVERY COSTS Delivery charges are payable by the Buyer and depend on the Buyer's country of delivery (see Delivery Zones below). Delivery costs include in any event transportation fees, packaging fees and installation fees of the Product in situ, as well as waste removal costs. These costs do not include any additional costs that may be incurred due to access conditions to the Buyer's apartment/house (i.e., rental of a freight elevator in case of a narrow elevator/stairwell). For an Order outside metropolitan France, the Buyer shall be considered as the importer of the Product(s). Customs import duties or any other local fees may be due. These duties and fees shall be paid by the Buyer and are his/her sole responsibility, both in terms of declarations and payments to the competent authorities and bodies of the country concerned. The Buyer shall inform him/herself about these fees directly to the local authorities. - DELIVERY ZONES Metropolitan France and Europe: Italy/Spain/Portugal/Germany/Belgium/Netherlands/Poland/Austria /Greece /Denmark/Sweden/Finland/Ireland Outside the EU: United Kingdom /Switzerland/Norway/Iceland International: USA/Canada/Asia: Singapore, Hong Kong, Shanghai, Beijing, Chengdu, Tokyo, Korea, Seoul, Thailand, Cambodia, Malaysia, Vietnam, India, Philippines/Oceania: Australia, New Zealand, and New Caledonia/Middle East: Lebanon, Saudi Arabia, Israel, Oman, Yemen, United Arab Emirates, Qatar, Bahrain, Kuwait, Jordan, Azerbaijan, Armenia, Georgia.
Reception
Each delivery shall be considered as completed when the Product has been made available to the Buyer by the carrier, as evidenced by the control system used by the carrier. The Buyer must sign the delivery or shipping order at the time of receipt of the order. Upon delivery, the Buyer must check for damage, missing items, defects, or other non-compliances. This includes checking the condition of the packaging, the number of packages, and the quantities, references, condition, and features of the Products (see GUARANTEES, RETURNS and CLAIMS provisions).
Information - Warning - Recommandations for the evalutation of the quality of the products
Due to the special nature of the manufacturing process and the need to source the highest quality natural materials for the creation of the items, colours, wood varnish, reflections and visual impressions may vary from one item to another of the same series or from one batch to another. Wood and leather are natural materials and have not undergone any industrial treatment. Therefore, they may have imperfections or variations in appearance and colour. Solid wood items may crack or split due to weather conditions and wood stains may not have the same effect on solid wood parts as on lacquered wood. In particular, « full grain semi-anilines » and/or untreated « full grain » leathers may show irregularities, stains, or other marks not found in inert leather. Finally, the appearance of silk and other delicate fabrics may vary depending on the backing, lining, and padding. Such imperfections of the product are inherent to craftsmanship production and cannot result in a “compensation”, as defined in section “Guarantees – Return” below. Raw materials used to manufacture Thierry Lemaire’s Products are selected for their excellence. In case of shortage of these raw materials after the order, Thierry Lemaire can select similar or equivalent raw materials. The Buyer will be informed in writing of such change and will have a period of 30 days from the receipt of this information by registered letter with acknowledgement of receipt to cancel the order. The examination, comments or reserves on the Products manufactured by Thierry Lemaire must be made considering the choices made as regard to the materials and the inevitable constraints which result from it. Any reference or comparison with industrial Products - and thus standardized, contrary to those offered by Thierry Lemaire, will not be accepted.
Cooling off period
Subject to the exception provided below in accordance with articles L.221-28 and seq of the French Consumer Code, the consumer Buyer have a cooling off period of fourteen (14) clear days from the date of the order or receipt of the Products by him or a third party designated by him at the time of the order. If this period expires on a Saturday, a Sunday, or a holiday, it is extended to the next working day. If the Products can be delivered in several packages and on different dates, the cooling off period begins from the receipt of the last Product. To use his/her right under the cooling off period, the Buyer must download the return form, expressing his/her decision without any reservation or ambiguity, and send it by mail (Customer Service - 18, rue de Beaune - 75007 Paris) or by email ([email protected]). Products are returned at the expense of the Buyer. They must be new and returned in their original packaging. They are returned at the Buyer’s own risk. The Buyer will take all the useful measures to ensure their perfect condition. Damaged item, not packed in their original packaging or not new will not be accepted. The order of furniture manufactured from a specific study or intended to be manufactured as a special project (specification and / or individualization of the Products on request of the Buyer), excludes the right of withdrawal in accordance with the provisions of Article L.221-28, 3 of the French Consumer Code. If the Buyer returns the Product which falls under this exception, Thierry Lemaire will hold it at his/her disposal, but he cannot be required to return it at his expense. L’Acquéreur pourra exercer son droit de rétractation en exprimant sa décision sans la moindre réserve ou ambiguïté par courrier (Service clients - 18, rue de Beaune - 75007 Paris) ou par email ([email protected]) en envoyant un formulaire de rétractation. Les Produits sont renvoyés aux frais de l’Acquéreur. Ils doivent être en état neuf et retournés dans leur emballage d'origine. Ils sont renvoyés aux risques et périls de l’Acquéreur qui prendra les diligences utiles pour assurer leur parfait état. Tout article endommagé, non emballé dans l’emballage d’origine ou n’étant pas dans son état neuf ne sera pas repris. La commande de meubles fabriqués à partir d’une étude spécifique ou destinés à être fabriqués en tant que projet spécial (spécification et / ou individualisation des produits sur demande de l’Acquéreur), exclut tout droit de rétractation conformément aux dispositions de l’article L.221-28, 3° du Code de la consommation. Si le Client renvoie le Produit qui tombe sous le coup de cette exception, Thierry Lemaire le tiendra à sa disposition mais ne pourra être tenu à son renvoi à ses frais.
Guarantees - Return
Accordance with articles L.211-4 and seq. of the French Consumer Code and 1641 and seq. of the French Civil Code, Thierry Lemaire's Products are guaranteed for parts and labour, excluding delivery charges, from the date of delivery, against any defect in conformity, manufacture, or material, within the limits indicated above in the section « Information - Warning - Recommendations for the evaluation of the quality of the Products » (hereinafter “compensation”). Action resulting from a lack of conformity lapses two years after delivery of the Product. This guarantee applies independently of any commercial guarantee that may have been granted. If a return for lack of conformity or latent defect is necessary in spite of all the attention brought by Thierry Lemaire to its Products, the Buyer must make his/her request to the Customer service to the following address - 18, rue de Beaune - 75007 Paris or by email ([email protected]) by describing in details the lack of conformity or the defect. No return for lack of conformity or latent defect will be accepted without examination and validation by Thierry Lemaire. The Compensation is limited to the Buyer’s choice between repair/conformity and replacement of the Product. In case of latent defects, the Buyer can choose between resolution of the contract or reduction of the selling price. The guarantee does not apply to damage caused by normal and natural wear and tear, by negligence, lack of maintenance, misuse, use of harmful or corrosive Products, or by failure to follow the recommendations provided with the product by Thierry Lemaire, damage occurring during removal or transportation of the Products by the Buyer or damage resulting from “force majeure”. No compensation will be due for the unavailability of the Product while it is being repaired according to the terms of the guarantee. Any work, change or transformation of the Product by the Buyer or a third party will make the guarantee of Thierry Lemaire null and void.
Claims
All claims shall be sent to Thierry Lemaire - Customer Service - 18, rue de Beaune - 75007 Paris or [email protected]
Limitation of liability
The liability of Thierry Lemaire is limited to the selling price of the product paid by the Buyer, in case of direct damage caused to the Buyer by the Products. Thierry Lemaire shall not be liable for any direct or indirect damage caused by the item to the Buyer.
Force majeure
Thierry Lemaire ne pourra être tenu responsable ou considéré comme ayant failli aux présentes CGV pour tout retard ou inexécution, lorsque la cause du retard ou de l’inexécution est liée à un cas de force majeure. Thierry Lemaire shall not be held responsible or considered as having failed to comply with these Terms and conditions for any delay or non-execution when the cause of the delay or non- execution is related to a case of force majeure. All facts or circumstances that are irresistible, external, unforeseeable, unavoidable, independent of Thierry Lemaire's will and which could not be prevented, despite all reasonable efforts, will be considered as force majeure. The following are expressly considered to be cases of force majeure or unforeseen circumstances, in addition to those usually retained by case law of the French courts: closure of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stop of telecommunication networks or difficulties specific to telecommunication networks external to the Buyer, sanitary and health crises and states of emergency. The parties shall discuss the consequences of such event and agree on the conditions under which the contract shall continue. However, the order shall be automatically cancelled if the event of force majeure lasts beyond a period of three (3) months. Les parties se rapprocheront pour examiner l’incidence de l’évènement et convenir des conditions dans lesquelles l’exécution du contrat sera poursuivie, étant toutefois précisé que la commande sera automatiquement annulée si le cas de force majeure se prolonge au-delà d’une durée de trois (3) mois.
Ownership of the creations
Thierry Lemaire's creations (including, but not limited to plans, prototypes, drawings, graphics, models, photographs, images, illustrations, furniture, or any other creative elements etc.), including creations established at the preparatory stage, remain his exclusive property, unless expressly provided otherwise. Thierry Lemaire holds intellectual property rights on his creations. The Buyer undertakes not to reproduce, fully or partly, to use, to modify, to exploit, in any form and on any medium whatsoever, Thierry Lemaire’s creations. In case of violation, for any reason whatsoever, the Buyer may be subject to prosecution.
Use of the website
The Buyer is responsible for his/her own use of the Website and undertakes to comply with the applicable laws and regulations, including those concerning the protection of personal data and intellectual property. Thierry Lemaire undertakes to make his best efforts to ensure the proper functioning of the Website and the accuracy of its information. Thierry Lemaire will make his best efforts to keep the Website accessible but is not bound by any obligation to do so. Thierry Lemaire may therefore interrupt the access to the Website, for reasons of maintenance, correction and upgrading. Access may also be interrupted for any other reason, particularly technical or legal reason. Thierry Lemaire has the right to cease the editing and therefore to close the Website.
Personal data
Thierry Lemaire undertakes to respect the privacy of the Buyer and treats his/her data in accordance with the applicable laws, especially General Data Protection Regulation (GDPR). Personal data is any information that directly or indirectly identifies a physical person. Thierry Lemaire can collect and record personal data to process the Buyer’s Order. Personal data include in particular: the name, first name, date of birth, address, email address, telephone number, postal address of the Buyer. Thierry Lemaire collects these data to process the orders and invoicing and stores them for a duration strictly necessary to the achievement of these purposes. In accordance with the provisions of Articles 13 and seq. of the GDPR, the Buyer has a right to access, to rectify and of portability of his/her personal data. He/she also has the right to limit the processing of his/her personal data, as well as a right to oppose and to delete such processing. To exercise these rights, the Buyer can contact Thierry Lemaire at the following address: 18, rue de Beaune - 75007 Paris, responsible for the processing of personal data. It is also possible to lodge a complaint with the French data protection authority: la Commission Nationale de l’Informatique et des Libertés (CNIL).
Applicable law – Jurisdiction - Language
The present Terms and conditions are expressly and exclusively governed by French law. The Parties undertake to act in good faith and to make their best efforts to settle amicably, within a reasonable time, any dispute that may arise between them. Any dispute, claim or litigation that may arise relatively to the formation, interpretation, or execution of this contract, which could not be resolved amicably, jurisdiction will be attributed to the competent courts of Paris, unless prohibited by law, notwithstanding multiple defendants or third parties, and regardless of the place of delivery or means of payment. Provided the exceptions stated in article L.612-2 of the French Consumer Code, Thierry Lemaire guarantees the Buyer, in application of article L.111-1-6°) of the French Consumer Code, the possibility to recourse to a consumer mediation system, in accordance with the provisions of article L.612-1 of the said Code. This agreement has been drafted in English and French. In the event of difference in the interpretations, the parties agree that the French version shall prevail.
Cookies
In order to better satisfy the needs of Users, to personalise the content of the Site according to their browsing and to correct any errors on the Site, the Site uses cookies relating to the User’s connection and browsing on the Site. The purpose of the cookie is to indicate your visit to the Site. Cookies are also used to measure the audience of the Website and for statistical purposes on behalf of Thierry Lemaire only. The User can set his browser to know when a cookie will be activated. This allows the User to reject the use of the cookie or to ask the browser to delete the cookie at the end of his visit to the Site. The Site’s online shop cannot be used if cookies are rejected by the User’s browser. In accordance with the applicable regulations, before placing or reading a cookie on a User’s computer, Thierry Lemaire : – informs the User of the purpose of the cookies; – obtains the User’s consent when it is required; – indicates to Users the means of refusing cookies. In accordance with the recommendations of the CNIL, the User’s information and consent are provided by means of a visible banner on the Site, as well as by the present Privacy Policy. Certain cookies that are strictly necessary for the provision of an online service expressly requested by the User or that aim to allow or facilitate the transmission of communication by electronic means, do not require the prior consent of Users, such as – cookies that retain the choice expressed by Users on the deposit of cookies; – cookies intended for authentication with a service, including those intended to ensure the security of the authentication mechanism, for example by limiting robotic or unexpected access attempts – Tracers intended to keep track of the contents of a shopping cart on a merchant site or to invoice the user for the product(s) and/or service(s) purchased; – Tracers for personalising the user interface (for example, for the choice of language or the presentation of a service), when such personalisation constitutes an intrinsic and expected element of the service; The User may also object to the use of cookies at any time by sending an email to the following address: [email protected]