General Terms and Conditions of Sale

The e-commerce website PIB-HOME.CO.UK is operated by MAISON EN VOGUE SAS, with a share capital of €70,000, which has its head office at 81, avenue Kléber, 75116 Paris, France, and is registered at the Paris commercial and company register under the No. 522 742 022. VAT number: FR 15522742022.

The general terms and conditions of sale presented below apply to all orders placed with MAISON EN VOGUE SAS for all the articles and services offered on the website PIB-HOME.CO.UK, hereinafter known as “MAISON EN VOGUE / PIB HOME”, with the exception of other prior written consent. The present general terms and conditions of sale are systematically presented to you at the time you place your order.

If you place an order, you agree to be legally bound, unconditionally, by these terms and conditions.

Before order

Prices

The prices that you are guaranteed are those displayed on the site at the time of the order. However, these prices can be modified at any moment in the event of particular conditions notably linked to economic factors, duties and taxes, changes in labour or raw materials costs, or the specific requests of the client.

All prices are given in euros and exclude transportation costs, which will be automatically calculate and indicated on your order form (known as “your shopping cart”).

All price displayed are given inclusive of value added tax (VAT), which may differ depending on the country of invoicing.

With regard to export sales, the prices are FOB (free on board). In other words, the price of the goods purchased does not include:

• transport costs from Paris and other expenses,
• taxes related to international transport, notably insurance guaranteeing the goods,
• customs duties, and payment of sundry duties and taxes, which shall be borne by the client.

Ordering

The “shopping cart” constitutes the “order form”.

The client places an order by entering the details necessary for the billing and delivery of the articles selected.

The order can only be registered on the site if you have clearly identified yourself by entering your client number, or e-mail address and password, starting from the products on offer that are visible on the site.

Information about the availability of products is generally given when you place an order. However, in exceptional cases, a product may no longer be available, temporarily, after validation of the order. In this event, MAISON EN VOGUE / PIB HOME will inform you as soon as possible (within eight days at the latest) by mail or by email and propose that you either cancel your order or wait until our supplier delivers the product in question, while specifying the time this will take.

The client is responsible for the accuracy of the information communicated to MAISON EN VOGUE / PIB HOME. In the event of an error in details regarding the delivery address, quantities or specifications of the product ordered, MAISON EN VOGUE / PIB HOME shall not be held responsible for the impossibility of delivering the article(s).

The client shall ensure that the product is able to be delivered at his home, notably taking into account the conditions for accessing the place of delivery. In the case of particular aspects related to the place of delivery, the client undertakes to contact MAISON EN VOGUE / PIB HOME in order to determine the conditions in which the delivery is feasible.

In the event that the client has not alerted MAISON EN VOGUE / PIB HOME and in the potential situation whereby it is impossible to deliver the object as stated due to access difficulties that were not signalled, MAISON EN VOGUE / PIB HOME reserves the right to reconsider the sale and, if applicable, it reserves the right to request that the client settles the delivery costs.

After validation of his personal details, the client chooses the method of payment from the list available. Validation of the order by the client constitutes an irrevocable commitment that can only be reconsidered in the few cases stipulated in the present terms and conditions (see: your withdrawal right).

Any order is regarded as firm and can only be cancelled with the express consent of MAISON EN VOGUE/PIB HOME, and, if the case may be, on condition of payment of an indemnity compensating for the prejudice or damage resulting from this cancellation.

Our product and price offers are valid as long as they are visible on the site, depending on stock available.

For products that are not stocked in our warehouses, our offers are valid on condition of their availability at our suppliers. In this situation, details about product availability will be provided at the time of the order. This information comes directly from our suppliers and errors or modifications could exceptionally occur.

In the event that products not stocked are unavailable after you have placed your order, we will inform you by mail once we have received the information sent by our suppliers.

Unless you want to have a replacement for equivalent goods, your unavailable order will be cancelled automatically and you will be reimbursed if your bank account was already debited for the amount due.

Order confirmation

At each stage of the processing of your order (validation, possible change of availability, shipping) an e-mail will be sent to you automatically, on condition that the electronic mail address indicated on the inscription form does not contain any errors. The email confirming the processing of your order and the shipping of your package will specify the number of the package and the link to the carrier’s site so you can track the delivery.

MAISON EN VOGUE / PIB HOME reserves the right not to confirm an order for any reason whatsoever (problem concerning the order received or a problem of stocking of articles). MAISON EN VOGUE / PIB HOME has five (5) working days to inform you that it cannot satisfy the order and to request you to modify or cancel the order in question.

Payment

Payment of the full price is due at the time of order. Payment can be made:

• by bank card.
• We accept credit card, Visa and Mastercard. We recommend this option as it is the simplest, fastest and most secure means of payment. By using Crédit Agricole’s E-Transactions, MAISON EN VOGUE / PIB HOME has chosen a highly-secure payment solution, which is entirely guaranteed by Crédit Agricole. This reputed name ensures that payment of your on-line purchases is entirely secure.
• The on-line card payment process uses the SSL (Secure Socket Layer) protocol via Crédit Agricole’s E-transactions system. The data transmitted are encrypted by software and cannot be read during transmission over the network. The padlock symbol that appears in your web browser indicates that the transmission is software encrypted. In addition, at the moment that you enter your bank details (card number, date of validity and cryptogram), the URL address becomes URL https (the “s” indicating a secure link) and no longer an http address.
• by bank transfer or cheque to the order of MAISON EN VOGUE.

Your order will only be shipped following the receipt and validation of your payment.

The order is deemed firm and definitive on confirmation of the order for which the price is stipulated to be irrevocable, cash, net and without a discount. Any delay, incident or default of payment will result in a penalty and interest for late payment that is equal to one and a half times the legal interest rate in application of Article 53 II of Law No. 2001-420 of 15 May 2001 as published in the French legal bulletin Journal Officiel of 16 May 2001.

Delivery times and zones

We will deliver your items to the location of your choice Please specify if you want the delivery to a friend or neighbour’s house, or maybe you prefer the delivery to be made to your place of work, and you can do thisby changing your delivery address in your account before your order Has been dispatched.

The packages can also be delivered to more than 10,000 collection points / post offices and 24 hour postal networks

After order

Shipping times

The shipping time, indicated on the site, corresponds to the lapse of time between the placing of your order and the package leaving our warehouse.

The shipping times depend on when the client places the order:

Reference time: UTC/GMT +1 hour (CET)

For products in stock at the time of order:

• From Sunday to Thursday, if the client places an order before 12:00, the package is shipped by the afternoon of the following day at the latest,
• For the week-end as of 12:00 on Friday, the package is shipped on Monday afternoon at the latest.

Orders placed on a public holiday, or the eve of a public holiday – within the meaning of, Article L.3133-1 of French Labour Law – extend the time by one day.

For products not in stock at the time of order: the delivery times are extended by the time needed for restocking.

For orders paid for by cheque, the shipping times start from when the cheque is cashed.

In certain exceptional cases, an additional time period may prove necessary so that the effective payment for the goods is validated. This may be due to the size and weight of your order, the method of transport proposed or in the event of delivery outside Metropolitan France.

Delivery time

The delivery time, indicated on the site, varies according to the size and weight of the products in your order. It corresponds to the lapse of time between the departure of your package from one of our warehouses and delivery at your home or premises. In the case of delivery by appointment, the delivery time will depend on your availability and the carrier’s distribution schedule. The time indicated on the site thus corresponds to the lapse of time between the departure of the package from one of our warehouses and the time of the appointment.

Delivery is made by the direct handover of the product to the stipulated addressee. In the event of a delivery by appointment, the client is responsible for ensuring the content and good condition of the package before signing the delivery note. Whatever the carrier or apparent anomaly (damage, product missing compared to the delivery note, external damage to the package, abnormal noise, product broken, etc.), you should refuse delivery of the package.

You must:

• • Unpack the package in the presence of the delivery man and,
• • Note handwritten and detailed reservations, with the signature of the delivery man next to the comments. The reservations noted by the recipient of the delivery are proof of the existence and significance of the damage. Please write these notes as precisely and completely as possible (just noting “on condition of unpacking” is considered as too general and imprecise) and,
• • Send by registered letter with proof of delivery a letter of complaint with justifications to the carrier within three (3) days of the reception of the delivery (Article L.133-3 of the French Commercial Code),
• • Inform MAISON EN VOGUE / PIB HOME by email via your client space or registered letter within three (3) working days following delivery of your package.

For deliveries via SoColissimo, if you or the addressee of the package are absent at the time of delivery, a transit advice note will be left indicating where and when to pick up the package. The later will be kept at the local Post Office for 15 calendar days. In the event that it is not picked up during the time period stipulated by the carrier, the products will be returned to MAISON EN VOGUE /PIB HOME, which reserves the right to reimburse the price of the products, with the shipping costs to be settled by the client.

In the event of a delay in the delivery, you should first contact the carrier or its distribution office in the case of La Poste, to see if the package is not pending. If need be, you should contact the Client Service at MAISON EN VOGUE / PIB HOME by email to open a litigation file or an enquiry to carry out a search for the package.

'Premium' deliveries: An extra four to five working days may be needed to ship your package.

We hereby undertake to compensate you for any abnormal and major delay by offering you the delivery costs on your next order. However, overruns in terms of delivery times will not give rise to damages and interest, nor retention, nor cancellation of the order underway, in the event notably of total or partial strikes inside or external to the company, transport or supply blockages, legal or governmental restrictions. Moreover, MAISON EN VOGUE / PIB HOME shall not be held responsible if laws, regulations or any other event(s) results in your articles being held at the border.

For orders involving products both in stock and not in stock:

If your order includes products in stock and other products not in stock, we will wait for all the products to arrive before shipping the order.

On a case-by-case basis, MAISON EN VOGUE / PIB HOME reserves the right to ship the order in several separate shipments, depending on the availability of the products. Requests in this respect have to be sent to us under the heading "Contact us".

Withdrawal right, returns and exchanges

In the case of home shopping (without the simultaneous physical presence of the parties), the client benefits in accordance with French Law, and more particularly Article L.121-20 and the following of the Consumer Code from twenty (20) clear days to his right of withdrawal without giving a reason therefor or incurring a penalty, with the exception, where applicable, of the cost of returning the goods.

The right of withdrawal commences upon receipt, in the case of goods, and acceptance of the offer, for services provided.

In accordance with the Law, this right of withdrawal only applies to individuals. Thus, clients that placed their order by completing the field “Company (optional):” may not benefit from the right of withdrawal.

In addition, in accordance with Article L.121-20 of the Consumer Code, the right of withdrawal cannot be exercised in respect of the “special orders”, that is of goods made especially to the client’s specifications.

All requests for the return of products ordered shall be made by logging on to the website PIB-HOME.CO.UK and via the heading "Contact us", with the client’s order appear under the heading "My orders" under "My account". The client merely has to specify the order number, the object of the right of withdrawal, the reason for the return if applicable, and then validate. The client will then be attributed a “return” status.

From the moment MAISON EN VOGUE / PIB HOME takes into account that the right of withdrawal has been exercised, the client has twenty (20) days to return the article or articles concerned, at his expense and in their original packaging.

The client would then be offered a credit note, or the possibility of being reimbursed for the purchase by bank transfer in euros or pounds (depending on the currency used for the order). The client would have to pay for bank transfer costs should this be an international transfer. In case of right of withdrawal, the client has to bear the costs of return of goods. The refund given includes the initial delivery costs if the client has paid for the return. The refund excludes initial delivery costs if MAISON EN VOGUE has paid for the return (especially in case of collecting bulky goods, for which the return costs are the same as the initial shipping costs).

Articles in the order can only be reimbursed, or a credit note issued, after our Client Services team has checked the quantity and quality of the articles returned to us. We refund our consumers within 14 days of cancellation. Reimbursement will be postponed until the goods have been returned by the consumer or the client provides evidence that the goods have been sent to us.

Articles returned without their original packaging, or that are incomplete, damaged or dirtied by the client will not be taken back or exchanged.

It is duly reminded here that, in accordance with the law, the withdrawal right cannot be exercised for contracts that concern the supply of goods that have been made specifically according to consumer’s specifications or that have been heavily customised.

Disputes

We always afford favourable consideration to complaints or disputes. In the event of litigation, please write in priority to MAISON EN VOGUE to come to an amicable settlement, by mail at MAISON EN VOGUE SAS, 81 avenue Kléber, 75116 Paris, FRANCE or via the contact form under the heading "Contact us" on the PIB-HOME.CO.UK website.

By default, and in condition that the client is qualified as a "retailer", any litigation related to the interpretation or execution of the present general terms and conditions will fall under the exclusive competence of the Paris Commercial Court.

Guarantees

In accordance with Article 4 of decree No. 78-464 of 24 March 1978, the provisions of the present document do not deprive you of the legal warranty that obliges a professional seller to guarantee you against all consequences arising from the latent defects of the object sold.

Independently of a possible commercial guarantee indicated on the site, and in accordance with regulation, MAISON EN VOGUE / PIB HOME undertakes to respect its obligations related to guarantees adjoined to products sold on its site and in its different catalogues, which are stipulated in the articles mentioned herebelow from the French Consumer Code and the French Civil Code:

Consumer Code - Article L.211-4:

The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility.

Consumer Code - Article L.211-5:

To conform to the contract, the product must:

1) Be suitable for the purpose usually associated with such a product and, if applicable: - correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model; - have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling.

2) Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.: Consumer Code - Article L.211-12: Action resulting from lack of conformity lapses two years after delivery of the product. Civil Code - Article 1641 : A seller is bound to a warranty on account of the latent defects of the object sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them. Civil Code - Article 1648: The action resulting from redhibitory vices must be brought by the buyer" within a period of two years following the discovery of the vice". MAISON EN VOGUE / PIB HOME is not the producer of the products presented within the framework of the website PIB-HOME.CO.UK, within the meaning of Law No. 98-389 of 19 May 1998 on liability for defective products.

As a result, in the event of damage caused to a person or goods by a product default, the Client can only hold the producer of the product liable, on the basis of information on the packaging of the said product.

MAISON EN VOGUE / PIB HOME shall not be liable in the case of non-respect of legislation of the country where the product is delivered. It is the responsibility of the client to verify with the local authorities with respect to the import or use of the products of services that he is considering ordering.

Others

Confidentiality

We guarantee confidentiality of the personal details entered.

In accordance with the French Data Protection Ac No. 78-17 of 6 January, you have the right to access, or rectify any data of a personal nature. Yu can exercise this right by writing to the following address: MAISON EN VOGUE SAS, 81 avenue Kléber, 75116 Paris, France, or via the contact form under the heading "Contact us" on the PIB-HOME.CO.UK site.

On your inscription, or the completion of an order, or as part of other specific operations, PIB-HOME.CO.UK shall propose that you receive its newsletters, and its promotional offers and/or to subscribe to information of its exclusive sales, as well as to receive offers from partners of PIB-HOME.CO.UK. You can at any moment modify your subscription under the heading "My account" or via a hyperlink found at the bottom of offer proposal emails received.

MAISON EN VOGUE / PIB HOME undertakes to take into account effectively any changes to subscriptions and unsubscriptions to emails sent out as soon as is possible and depending on the processing required.

We hereby inform you that this automated processing of data, notably management of you email addresses, is the subject of a declaration to the CNIL (French National Commission for Data Protection and Liberties).

Intellectual property

The PIB-HOME.CO.UK site is designed and operated by the company MAISON EN VOGUE.

Use of this PIB-HOME.CO.UK web service is reserved for strictly personal usage.

All the brands, texts, comments, works and images, be they visual or audio, reproduced on the PIB-HOME.CO.UK site are protected by copyright, trademark law, patent law, and image rights.

Any reproduction or representation, whole or in part, constitutes an infringement which could involve the civil or criminal liability of its perpetrator.

Adding a hyperlink to the PIB-HOME.CO.UK site, by using the so-called framing or deep linking technique, is strictly forbidden.

Any reproduction, wholly or in part, of PIB-HOME.CO.UK’s catalogue is strictly forbidden.

The user who has a personal website and who wishes to place, for personal use, a simple link to go directly to the PIB-HOME.CO.UK home page, must obligatorily request authorisation from MAISON EN VOGUE /PIB HOME. In all cases, any links, even those tacitly authorised, shall be removed upon simple request from MAISON EN VOGUE /PIB HOME.

Any full or partial reproduction of any elements of the site, by any process and on any support whatsoever, their use as well their being made available to third parties is strictly forbidden and shall systematically lead to prosecution.

Completeness of the conditions

Any change in legislation or regulation, or a decision of the courts making one or other of the clauses in the present general terms and conditions null and void, shall not affect the validity of the present general terms and conditions of sale. Such a change or observation may, in no way whatsoever, allow the client to not respect the present general terms and conditions of sale.

If a condition is not expressly mentioned, it will be considered as governed by the procedures in force in the distance selling sector for companies based in France.

Duration and application

The present terms and conditions shall apply for the entire time the services offered by MAISON EN VOGUE / PIB HOME are on line. They can be modified at any moment.

Liability

MAISON EN VOGUE / PIB HOME has an obligation of result, for all stages in the order process, as well as for the stages following conclusion of the contract. MAISON EN VOGUE SAS thus undertakes to describe with the utmost accuracy the products sold on the website PIB-HOME.CO.UK.

MAISON EN VOGUE / PIB HOME is responsible for the good execution of all the obligations resulting from the contract concluded at a distance, whether these obligations are executed by the company itself or by other service providers, without prejudice to its right to recourse against the latter.

However, MAISON EN VOGUE / PIB HOME may be exonerated from all or part of its liability by providing proof that the non-execution or poor execution of the contract is attributable, either to the consumer, or to the unforeseeable and insurmountable action of a third-party to the contract, or in a case of force majeure.

Conversely, MAISON EN VOGUE / PIB HOME shall not be liable in the case that non-execution of its obligations is attributable to the unforeseeable and insurmountable action of a third-party to the contract, or in a case of force majeure as defined by French jurisprudence.

The products on offer comply with French legislation in effect and standards applicable in France.

MAISON EN VOGUE / PIB HOME shall not be liable in the case of non-respect of legislation of the country where the product is delivered. It is the responsibility of the client to verify with the local authorities with respect to the import or use of the products of services that he is considering ordering.

MAISON EN VOGUE / PIB HOME shall not be liable for any inconvenience, or damages related to use of this website, or from any interruption in operation or transmission, computer viruses, or external intrusion or more generally any cases qualified as force majeure by the courts.