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General Terms and Conditions

These Terms are a translation of the original French Terms and Conditions.
The conditions written in French govern the sale. You can find the original conditions under :
Conditions Genérales de ventes.

Date of last update 01/08/2022

1 – OBJECT

These general terms and conditions (GTC) govern the sale of products and services to all natural or legal persons (hereinafter “customer”) on the website www.staffi.eu (hereinafter “the website”). The website belongs to STAFFI (hereinafter “the seller”), a commercial entity of BSD Services SAS whose registered office is at 51 rue de Helfrantzkirch – 68130 Jettingen – FRANCE, with a capital of €5,000 – registered with the RCS of Mulhouse n °897 583 423.

STAFFI offers online sales of the following products: Creations and customizable objects in wood, acrylic, slate, ceramics, glasses, etc…

The customer declares to have read and accepted the general conditions of sale prior to placing his order. The validation of the order therefore implies unreserved acceptance of the general conditions of sale. The Customer recognizes the value of proof of the automatic registration systems of the seller and, except for him to bring proof to the contrary, he renounces to contest them in the event of a dispute. In case of disagreement with the T&Cs, the customer must not use the website.

The acceptance of these GCS assumes on the part of the Customers that they have the legal capacity necessary for this. If the customer is a minor or does not have this legal capacity, he declares to have the authorization of a tutor, a curator or his legal representative.

These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

STAFFI reserves the right to modify the T&Cs at any time by publishing a new version of them on the website www.staffi.eu
The GCS applicable to the customer are those in force on the day of his order validation on the site.

2 – PRODUCTS

The products governed by these general conditions are those which appear on the seller’s website and which are indicated as sold and dispatched by the seller. They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the responsibility of the seller could not be engaged.

The photographs of the products are not contractual.
The products remain the property of the seller until full payment by the customer.

The products offered being handmade products, each piece is therefore UNIQUE and may have some imperfections that you would not have by buying an industrial product. Imperfections are therefore a guarantee of quality and a guarantee of a handmade product. No complaint could be taken into account.

Customizable products: Customizable products by the customer are made at the customer’s request and personalized with his provided graphics, photos or others. All requests for customization with illustrations, brand logos or any other protected graphic representation will not be taken into account, subject to the presentation of the reproduction authorization provided. All personalized products are neither exchangeable nor refundable. A BAT (ready to print) will be sent to the customer before the start of production. This accepts no more changes can be made.

3 – PRICE

All prices are expressed in euros all taxes included (TTC) – “VAT not applicable, art. 293B of the CGI”.

The prices of the products do not take into account any processing costs or delivery costs invoiced in addition, and indicated before the validation of the order.
Promotional products will be indicated by a “SALE” sticker or by a crossed out price. Promotions are valid within the limits of available stocks at the time of the order and during the display period.
The seller reserves the right to modify its prices at any time but undertakes to apply the current prices indicated at the time of the order, subject to availability on that date.

4 – CUSTOMER ACCOUNT

In order to be able to place an order, the customer must create an account (customer account). The creation of the account is done automatically by completing the form proposed at the time of validation of the order. The customer will receive after validation of his order an e-mail with his username and password. An account can also be created for free without placing an order on the website, using the “my account” section.
The creation of an account is free and mandatory for any order made, in particular for the loyalty program set up by the seller.
The customer undertakes to provide sincere and accurate information concerning his marital status and his contact details, in particular his e-mail address and telephone number. The customer can modify them at any time by logging into his account. He is responsible for updating the information provided.

To access his personal space and order history, the customer must identify himself using his email address and his password which are strictly personal. As such, the client refrains from any disclosure. Otherwise, he will remain solely responsible for the use that will be made of it.

The customer may request unsubscription at any time by sending an e-mail to customer-service@staffi.eu.This will be done within a reasonable time.

In the event of non-compliance with the general conditions of sale or erroneous, fanciful or slanderous personal data, the site will have the possibility of suspending or even closing the customer’s account after formal notice sent by electronic means and which has had no effect. Any deletion of the account, for whatever reason, results in the pure and simple deletion of all personal information of the customer, and the loss of any advantage that the customer could have derived from his activities on the site.

Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance, does not engage the responsibility of the seller.

5 – ORDER

        5.1 – PRE-CONTRACTUAL INFORMATION

The customer acknowledges having had communication, prior to placing his order and concluding the contract, in a readable and understandable manner, of these general conditions of sale and of all the information listed in article L. 221-5. of the consumer code.

The following information is transmitted to the customer in a clear and understandable manner:
– the essential characteristics of the property;
– the price of the good;
– if applicable, all additional costs of transport, delivery or postage and all other possible costs payable;
– in the absence of immediate execution of the contract, the date or the deadline on which the seller undertakes to deliver the good, whatever its price (in particular for pre-ordered, personalized or unique creation products when these are offered for sale);
– information relating to the identity of the seller, to his postal, telephone and electronic contact details, and to his activities, those relating to legal guarantees, to the functionalities of the digital content and, where applicable, to its interoperability, to the existence and the procedures for implementing warranties and other contractual conditions.

       5.2 – CONFIRMATION OF THE ORDER

The customer has the possibility to place his order online on the site, from the online catalog and by means of the form which appears there, for any product or service, within the limit of available stocks. If a product is not available on the site, it cannot be ordered (except pre-order products, personalized or unique creations, of which the customer is explicitly warned on the product description and in the summary of his shopping cart ), with a date when the product will be available for delivery.

In the event of product unavailability after placing the order (excluding pre-order), the customer will be informed. The order will be automatically canceled and a reduction voucher or credit will be allocated to it for the value of the order.

For the order to be validated, the customer must accept, by clicking where indicated, these T&Cs. The validation of his order therefore implies acceptance of these General Conditions of Sale. He will also have to choose the address and the delivery method, and finally validate the payment method.

The sale will be considered final:
– after the sending to the customer of the confirmation of the acceptance of the order by the salesman by e-mail;
– and after receipt by the seller of the full price. The price is payable in cash, in full on the day of the order. The products remain the property of the seller until full payment by the customer.

Any order implies acceptance of the prices and description of the products available for sale. In certain cases, in particular non-payment, incorrect address or other problem on the customer’s account, the seller reserves the right to block the order until the problem is solved.

       5.3 – ELECTRONIC SIGNATURE

The online provision of the customer’s credit card number and the final validation of the order will constitute proof of the customer’s agreement:
– Payability of sums due under the purchase order.
– signature and express acceptance of all operations carried out.

       5.4 – ORDER CONFIRMATION

The seller provides the customer with an order confirmation, by email. When their order has been processed and ready to ship, the customer will also receive confirmation that their order is “Completed” via email.

       5.5 – PROOF OF TRANSACTION

The computerized registers, kept in the seller’s computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties. Archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

6 – PAYMENT

This is an order with payment obligation, which means that placing the order implies full payment by the customer, of the products and of the processing and/or delivery costs.

To pay for his order, the customer has, at his option, all the payment methods made available to him by the seller and listed on the seller’s website. The customer certifies to the seller that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order.
The seller reserves the right to suspend any management of the order and any delivery in the event of refusal of authorization of payment by credit card from officially accredited bodies or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.

Payment of the price is made in euros and in full on the day of the order, according to the following terms:
– Bank card: the customer is redirected to the secure interface of the “Stripe” payment system in order to securely enter his personal bank card references. If the payment is accepted, the order is registered and the contract definitively formed. Payment by credit card is irrevocable.
– Paypal: the customer is redirected to the secure interface of the payment system in order to securely enter their personal bank card references, to connect to their PayPal account and/or to select the 4x free of charge via Paypal*. If the payment is accepted, the order is registered and the contract definitively formed. Payment by PayPal is irrevocable. (*Paypal 4x No Fee: For PayPal account holders and for purchases of €50 to €2000. Paying in 4X is at no additional cost for making this financing available. See the Terms and Conditions of the Payment in 4X from Paypal.)
– ALMA : Payment in two / three / four installments is available through our partner Alma. Payment security is provided by Alma and its service providers. All payments are protected by 3D Secure. To finalize the payment, the customer is redirected to Alma’s payment platform. Alma’s general terms and conditions of sale therefore also apply when the customer chooses this method of payment. Please note that a credit commits you and must be repaid.
Alma Terms and Conditions:
  – The Seller offers its Customers the Alma credit service for the settlement of their purchases and the execution of payment. This is conditional on the Customer’s acceptance of the T&Cs or the credit agreement offered by Alma.
  – Any refusal by Alma to grant credit for an order may result in the cancellation of the order.
  – Any termination of the T&Cs that bind the Customer and the Seller entails the termination of the T&Cs or the credit agreement between Alma and the Customer.
  – Only purchases between €50 and €2,000 are eligible for payment with Alma.
  – By paying in installments with Alma, the Customer does not pay any fees.
 
– Alma is the tele-payment manager and issues an electronic certificate which will serve as proof of the amount and date of the transaction in accordance with the provisions of Articles 1316 and following of the Civil Code.
  – Any termination of the T&Cs which bind the Seller and the customer, entails the termination of the T&Cs between Alma and the customer.
For any complaint or request for information on the general conditions of sale, the customer can contact Alma:
https://support.getalma.eu/
– Payment on delivery: The customer can pay for his order in cash or by credit card directly on site in store. This method of payment is only offered to customers who choose in-store collection (Click & Collect), and to customers domiciled in the 68-Haut-Rhin department in France. (excluding personalized products)

7 – DELIVERY

The products are delivered to the delivery address that the customer will indicate during the ordering process, except for delivery restrictions indicated on the order validation page by the customer. Delivery prices are detailed at the bottom of the site under the heading “Delivery”.
Reminder is made that the seller does not take responsibility for customs duties and taxes, which may be requested from the customer upon entering the country of destination.

       7.1 DELIVERY DELAY

The delivery time corresponds to:
– the manufacturing time of the product(s) ordered by the customer (the manufacturing time being listed for each product in the product description)
– the shipping time indicated on the site before payment of the order according to the customer’s choice, to which is added,
– the processing time, preparation and delivery of the order by the seller, which is on average 24 to 48 hours (working day, Monday to Friday).

Delivery times are given for information only. If these exceed thirty days (Except in the event of a health crisis, holidays, natural disasters, strikes, losses, Massive flow of parcels in delivery services – eg: end-of-year celebrations, black Friday, Easter) from day of the order, the sales contract may be terminated and the customer reimbursed.

       7.2 – DELIVERY TRACKING

The customer will be able to follow his deliveries on the website of the carrier of his choice. Links for websites are also available at the bottom of the page under the heading “delivery”. When sending his order, the customer will be informed by e-mail with all the useful information for tracking his/her parcels (parcel number, tracking link, etc.)

8 – RECEPTION

Delivery means the transfer to the consumer of physical possession or control of the goods. The products ordered are delivered according to the methods and the deadline specified above. The products are delivered to the address indicated by the customer on the order form, the customer must ensure its accuracy. If the customer is absent on the day of delivery, the delivery person will leave a delivery notice in the mailbox, which will allow the package to be collected at the place and time indicated.

If at the time of delivery, the original packaging is damaged, torn, opened, the customer must then check the condition of the items. If they have been damaged, the customer must imperatively refuse the package and note a reservation on the delivery note (package refused because opened or damaged). The customer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.). This verification is considered to have been carried out once the customer, or a person authorized by him, has signed the delivery slip. The customer must then confirm these reservations by registered mail to the carrier no later than two working days following receipt of the item(s) and send a copy of this letter to the seller.

If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any complaint made outside this period cannot be accepted. The return of the product can only be accepted for products in their original state (packaging, accessories, instructions, etc.).

If the customer, or a person authorized by him, has signed the delivery note and accepted the latter without any mentions, handwritten reservations being made in the presence of the carrier as described above, no complaint can be made to the seller afterwards.

However, the seller cannot be held responsible for the loss or damage to the package and its contents. We therefore advise you to have it delivered by the Post Office by Colissimo with “signature and insurance”.

9 – DELIVERY ERRORS AND DELAYS

      9.1 – RETURN SHIPPER

If the customer’s package is returned to the seller by post or by other postal service providers, the seller will contact the customer upon receipt of the returned package to ask him what to do with his order.
If the customer has mistakenly refused the package, he may request it to be returned by first paying the postage for the new shipment. Postal costs must be paid even for orders for which the shipping costs were offered when the order was placed.
If the parcel is returned to sender because of an incorrect or incomplete delivery address, or an unclaimed parcel* at the post office, Mondial Relay, Relais Chronopost, the customer may request it to be returned by paying the payment in advance. postage for the new shipment. Postal costs must be paid even for orders for which the shipping costs were offered when the order was placed.

In all cases of return shipper, the order is not refundable either partially or totally. Return costs will be entirely the responsibility of the customer. Packages lost because the address is not the correct one will not be refunded.

Reminder is made to customers to inform and verify their Surname First name, N° and street, postal code and city, email address and telephone number before confirming the order.

      9.2 – PRODUCT ERROR

The customer will have to formulate with the seller the same day of the delivery or at the latest the first working day following the delivery, any complaint of error of delivery and/or non-conformity of the products in kind or in quality compared to the indications. listed on the purchase order. Any complaint made after this period will be rejected. Any complaint not made in the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability vis-à-vis the customer.

In the event of a delivery or exchange error, any product to be exchanged must be returned to the seller in its entirety, in perfect condition and in its original packaging, unopened if necessary. Any defect resulting from a clumsiness or a false maneuver by the customer cannot be attributed to the seller.

      9.3 – LATE DELIVERY

In case of late shipment, an email will be sent to the customer to inform him of any consequences on the delivery time that has been indicated. In case of late delivery, a new delivery time will be proposed.

Any delay in delivery in relation to the date or the deadline indicated to the customer when ordering or, in the absence of an indication of date or deadline when ordering, greater than thirty (30) days (Except in the event of a health crisis, holidays , natural disaster, strikes, losses, Massive flow of parcels in delivery services – ex: end of year celebrations, black friday, easter) from the date of conclusion of the contract, may lead to the resolution of the sale at the Customer’s initiative under the conditions provided for in Articles L 216-2, L 216-3 and L241-1 of the Consumer Code. The customer must, before breaking the contract, enjoin the seller to execute it within a reasonable additional period. In the absence of performance at the end of this new period, the buyer may freely terminate the contract.

Requests must be written by the client, sent by registered letter with acknowledgment of receipt. The customer will then be reimbursed in voucher, at the latest within fourteen (14) days following the date on which the contract was terminated, of all the sums paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.

10 – PRODUCT WARRANTY

     10-1 LEGAL GUARANTEE OF CONFORMITY

The seller guarantees the conformity of the goods sold with the contract, allowing the customer to make a request under the legal guarantee of conformity provided for in articles L. 217-4 and following of the consumer code.

In the event of implementation of the legal guarantee of conformity, it is recalled that:
– the customer has a period of 2 years from the delivery of the goods to act;
– the customer can choose between the repair or the replacement of the good, subject to the conditions of cost envisaged by the article L. 217-17 of the code of consumption;
– the customer does not have to provide proof of the non-compliance of the goods during the 24 months in the case of new goods (6 months in the case of second-hand goods), following the delivery of the goods.

     10-2 LEGAL GUARANTEE FOR HIDDEN DEFECTS

In accordance with articles 1641 and following of the civil code, the seller is liable for hidden defects that may affect the property sold. It will be up to the customer to prove that the defects existed at the time of the sale of the property and are likely to render the property unfit for the use for which it is intended. This guarantee must be implemented within two years from the discovery of the defect. The customer can choose between the resolution of the sale or a reduction of the price in accordance with article 1644 of the civil code.

11 – RIGHT TO RETRACT

In accordance with the provisions of the Consumer Code, the customer has a period of 14 days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without penalty, except for the return costs which remain the responsibility of the customer.

ATTENTION: personalized products are excluded and do not benefit from a right of withdrawal (See the exceptions mentioned below).

Returns must be made in their original condition and complete (packaging, accessories, instructions, unopened or started, etc.) allowing them to be remarketed in new condition, accompanied by the purchase invoice, otherwise the customer’s responsibility can be engaged. Damaged, open, soiled or incomplete products are not taken back.

The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt will be immediately communicated to the customer. Any other mode of declaration of withdrawal is accepted. It must be unambiguous and express the will to retract. In the event of exercise of the right of withdrawal within the aforementioned period, the price of the product(s) purchased is reimbursed and the delivery costs are reimbursed.

Return costs are the responsibility of the customer. The exchange (subject to availability) or reimbursement will be made within 14 days at the latest from receipt by the seller of the products returned by the customer under the conditions provided above.

Exceptions :
According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
– supply of goods whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
– supply of goods made to the consumer’s specifications or clearly personalized;
– supply of goods likely to deteriorate or expire rapidly;
– supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
– supply of goods which, after having been delivered and by their nature, are inseparably mixed with other articles;
– supply of alcoholic beverages whose delivery is deferred for more than thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the professional’s control;
– maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
– supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
– supply of a newspaper, book, periodical or magazine, except for subscription contracts to these publications;
– supply of digital content not provided on a material medium, the execution of which has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal.

12RESPONSIBILITY

The seller’s liability can only be engaged in the event of gross negligence, intentional or fraudulent. In all other cases, the responsibility of the seller can never be sought or engaged by the customers. The products offered comply with the French legislation in force. The responsibility of the seller cannot be engaged in the event of non-compliance with the legislation of the country where the product is delivered. It is up to the customer to check with the local authorities the possibilities of importing or using the products or services he plans to order. Similarly, the seller can in no way be held liable for damages resulting from improper use of the products by the Customer.

13 – FORCE MAJOR

All circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered as causes for exemption from the obligations of the parties and lead to their suspension. The party who invokes the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.

Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, disruption of telecommunications networks or difficulties specific to telecommunications networks external to customers, health crises.

The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.

14 – INTELLECTUAL PROPERTY

The content of the website remains the property of the seller, the sole holder of the intellectual property rights to this content. Customers agree not to make any use of this content. Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.

15 – IT AND FREEDOMS

All the data that you entrust on the site, are it in order to be able to process your orders. The customer’s bank details are not transmitted to the seller by the companies in charge of the payment service, the site therefore does not save any bank details of its customers. Under the law n°78-17 of January 6, 1978 relating to data processing, files and freedoms, you have with the seller a right of rectification, consultation or modification and deletion of the data that you communicated to us. This right can also be exercised online.

16 – PARTIAL INVALIDITY

If one or more stipulations of these general conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope.

17 – NON-WAIVER

The fact for one of the parties not to take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.

18  – TITEL

In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.

19 – CONTRACT LANGUAGE

These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

20 – APPLICABLE LAW

These general conditions are subject to the application of French law. This is the case for the rules of substance as well as for the rules of form. In the event of a dispute or complaint, the customer will first contact the seller to obtain an amicable solution.
In the event of a dispute, jurisdiction is assigned to the competent courts of the registered offices of the company BSD Services SAS which will rule in accordance with French law, even in the event of multiple defendants, warranty claims or summary proceedings.

21 – CUSTOMER SERVICE

STAFFI
51 rue de Helfrantzkirch
F-68130 Jettingen
07.61.36.21.20
customer-service@staffi.eu

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