General sales conditions of FrenchTouchDeco.com

The present general sales conditions (here after named “Conditions”) are concluded between the company  F.T.D. International Trading Corp., 1133 Broadway, Suite 706, New York, NY 10010,here after named FrenchTouchDeco,
and
the professional or non-professional individuals, here after named “clients” or the “client” by individual title, that wish to make a purchase through the online sales website www.FrenchTouchDeco.com.

FrenchTouchDeco and its clients together here after named the “Parties”

FrenchTouchDeco sells its products exclusively by correspondance either through the internet (website or e-mail), or by telephone. FrenchTouchDeco does not possess a physical store other than its websites. All the products sold by FrenchTouchDeco are listed on the company websites (here after named the “Products”). FrenchTouchDeco does not distribute catalogs.

The present Conditions aim to define the terms of sale between FrenchTouchDeco and its clients, from the order to the delivery, by passing through the services put to use by FrenchTouchDeco and by the payment. They regulate all necessary steps for the ordering process and assure the followup of this order between the Parties.

The present Conditions govern the sale of Products found on the site www.FrenchTouchDeco.com the day a transaction is made by the Client.

They are applicated to all modes of transaction proposed by FrenchTouchDeco. If the present Conditions needed to be modified according to the mode of transaction, these modifications would be clearly mentioned.

Acceptance of the Conditions by the Client
The present Conditions can be read directly on the site www.FrenchTouchDeco.com. With a simple request from the Client, they can also be sent through e-mail.
The act of the Client checking the box “I understand and accept the general sales conditions” before validating his/her order entails automatically the explicit acceptation by such Client and with no restriction or reserve of the present Conditions. The Client agrees by this act to have read and understood the present Conditions and to have accepted them.
Ordering through e-mail, implicates as well the acceptation of the present Conditions that the Client agrees to have read, understood and accepted in the conditions here mentioned.

Product Characteristics
FrenchTouchDeco makes an effort to present to its best ability, on the technical description pages of the Products, the essential characteristics of these Products which the client should acquaint himself with.
FrenchTouchDeco reserves the right to modify the assortment of Products available according to, notably, its restraints due to its suppliers.
The information and characteristics of the Products are those given by the suppliers.
FrenchTouchDeco is in no case responsible for erroneous information transmitted by these suppliers.
The photographs and graphics are given only for indicative purposes and are principally those given by the suppliers. In particular, the difference in the perception of form and color between the photographs or graphics presented and the Products does not engage the responsability of FrenchTouchDeco.
If not otherwise specified on the site www.FrenchTouchDeco.com, all Products sold by FrenchTouchDeco are new, and are in accordance with the American legislation and with the standards applicable in the United States.

Date of the Order
The date of the order is considered that:

The delays indicated on the site www.FrenchTouchDeco.com do not start until this date of order is defined. However, the availability of the Products stays the same as indicated on the site as long as the order is validated on the online website and the date of order (payment effective) starts within a reasonable delay after the validation of the order.

Price
The Product prices are indicated in US dollars, all taxes included and without shipping charges.They take into account the taxes applicable the day of the transaction. All modifications of the applicable rate can be reflected on the Product prices starting on the date that the new applicable rate comes into effect.
Since the suppliers of FrenchTouchDeco are constantly changing tarifs, the prices shown on the website are capable of being modified at any given moment. They are also susceptible to variations according to the opening of new collections, specials, or sales.

All the prices given are subject to possible typographic errors.

The applicable price is the one indicated on the site www.FrenchTouchDeco.com the day of validation of the Client’s order.

Shipping Cost
The shipping costs are charged to the Client depending on the weight and size of the product.
They are indicated to the Client before the final validation of the order.
The shipping costs can occasionally be proposed by a gesture of courtesy in the context of special offers marketing operations of FrenchTouchDeco.

The shipping costs can be consulted on the site www.FrenchTouchDeco.com under the heading “Shipping” .

Ordering Process
The individual Client can carry out his order with FrenchTouchDeco either through the internet on the website www.FrenchTouchDeco.com, or by e-mail.

When the order is carried out by e-mail the order must contain the necessary information required for processing such order in the best of conditions.

In every case, the identification of the Client permitting to validate the order must contain at least the following information:

Availability of Products
FrenchTouchDeco works, depending on the products, with a fluctuating stock or with a direct order to its suppliers. In this way, depending on the case, the Products are available according to the stocks at FrenchTouchDeco or according to the available stocks of the suppliers.

The availability of a Product may vary rapidly depending on the sales.
FrenchTouchDeco frequently updates the availabilities, but cannot be held responsible if the stock is no longer the same as indicated. More precise information can be given to the Client by telephone or by e-mail.

The Products can appear with a timeframe of availability such as “2 to 3 weeks”, “2 to 4 weeks”, etc.., “Product unavailable”.

However, the availability may also vary in the same day according to the number of sales.

If FrenchTouchDeco cannot obtain a Product ordered by its suppliers, the company will notify the Client by e-mail. The latter can then choose to cancel his/her order based on this new information.

FrenchTouchDeco commits itself to respect all received orders only within the limits of its available stocks of the Products or within the limits of the available stocks of its suppliers. In case a Product or Products are unavailable, FrenchTouchDeco commits itself to inform the Client as soon as possible.


Confirmation of the Order
An e-mail is automatically sent to the Client in order to confirm the validation of the order as long as the e-mail address indicated in the registration form does not contain any errors.
FrenchTouchDeco does not send any confirmation of an order through the postal services or by fax.
In case of credit card payment, the order is validated immediately upon acceptance of your payment.
In case of bank transfer, the order is validated once the transfer is received.

Before shipping the order, FrenchTouchDeco offers their Clients the possibility to cancel their order at any moment in case of an additional delay of availability as the one indicated during the validation of the order.

In this case:

Exchange or Reimbursement after reception
FrenchTouchDeco offers its Clients the possibility to cancel his/her order within a 7 day period starting the day of reception. During this delay all the Products can be exchanged for another reference or reimbursed. In all cases, to cancel an order, a written request (by e-mail or by post) must be made with the customer service department of FrenchTouchDeco.

-In the case of reimbursment
The Client can request the cancellation of his/her order and the reimbursement of a Product within a 7 day period starting on the date of reception of the concerned Product. The Client will then receive a reimbursement by bank transfer within a 15 day period after the reception of the returned Product and bank information of the Client by FrenchTouchDeco. The withdrawal fees of processing and shipment of the order can be subtracted from this reimbursement.

- Reimbursement Conditions
The right to reimbursement is only applicable if the Product is returned in perfect resale condition, wrapped in its original packaging, complete and with no trace of damage, malfunction, or usage. FrenchTouchDeco permits itself the fight to refuse this exchange or reimbursement if the Product received in return do not respect these conditions.

The return of reimbursed or exchanged Products must be sent to the address indicated by FrenchTouchDeco. The return fees are to be payed for by the Client.

Modes of Payment

The client may pay for his order:

- Through the internet on the website www.FrenchTouchDeco.com by credit card (Visa, Eurocard, Mastercard);

- By bank transfer (the necessary information for a bank transfer are indicated on the site www.FrenchTouchDeco.com when the payment method is chosen by the Client;

In the case of an order through e-mail, because of the lower security level of this communication method, FrenchTouchDeco cannot accept credit card payments in order to assure the security of its Clients’ payments. All e-mail order will therefore require a bank transfer payment.

The Client guarantees the company FrenchTouchDeco that he/she has all the necessary authorizations to carry out his/her chosen method of payment.

FrenchTouchDeco uses all the necessary methods to assure the security and confidentiality of the information transmitted through the internet (online payment on the site www.FrenchTouchDeco.com). For this purpose, the site www.FrenchTouchDeco.com uses a secured mode of payment called SSL (Secure Socket Layer). The transaction is made through a bank of reputation that is the unique party to have access to the bank information provided on the site during the payment process.

Receipt
The order form established by the Client online or the confirmation of the order sent to the Client through e-mail by FrenchTouchDeco cannot be used as a receipt. Whatever the ordering method or the mode of payment chosen, the Client receives a receipt through e-mail once the order is shipped. FrenchTouchDeco preserves an electronic copy of each receipt. In case of a delivery to an address other than the payment address, the receipt is sent to the Client by post or by e-mail.
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Date of Payment
In the case of a credit card payment, the Client’s account is debited during the validation of the order.

In the case of a bank transfer payment, the reception of the transfer validates the Client’s order.

Property Transfer
FrenchTouchDeco owns the delivered Products until they are payed in full by the Client.
These dispositions do not prevent, from the shipping of the Products, to the transfer to the Client any risks of loss or of deterioration of the Products as well as the damages that may occur.

Shipping delays
The orders validated through the site www.FrenchTouchDeco.com are collected every morning Monday through Friday. The preperation of an order can take up to three days including in particular the processing of the order, the preperation of the Products, packaging and invoicing before the shipping of the available Products.
However, for a bank transfer payment this delay is increased according to the time of processing and validation by the bank (around 5 days).

FrenchTouchDeco informs its Clients that these delays do not include Saturday, Sunday or holidays.

In case of partial unavailability of the Products, FrenchTouchDeco may divide the deliveries. As such, the available Products will be sent first, and the remaining Products will be sent as they become available.

An e-mail is automatically sent to the Client at the time of shipment as long as the e-mail address indicated in the registration form does not contain any errors.

Transportation delays
FrenchTouchDeco informs its Clients in an indicative manner of the delays that are given by its transporters. However, FrenchTouchDeco reminds its Clients that these delays do not include Saturdays, Sundays or holidays.

The transportation delays can be consulted on the site www.FrenchTouchDeco.com in the “Shipping” section.

Delay of delivery
The delays listed on the Product pages are indicative delays of availability of the products (refer to the paragraph “availability of Products”). As such, the delay of delivery is equal to the delay of availability of the Products plus the shipping delay (paragraph “shipping delays”) plus the transportation delay (paragraph “transportation delays”);
The delivery delays of the suppliers of FrenchTouchDeco are included in the delay of availability listed on the Product pages of the site www.FrenchTouchDeco.com.

If it may happen that a delay of availability cannot be respected, a new delay will be given to the Client according to the information given to FrenchTouchDeco. In this case, a possibility of cancellation will also be proposed to the Client.

If by chance, a transaction had already been made by one of the payment methods, a reimbursement will also be proposed to the Client with the proposal of cancellation.

Packaging
The products are packaged in order to respect the current transportation standard, and to assure an optimal protection of the Products during their shipment. It is requested of the Client to respect these same standards when returning a product whether the return is for an after-sales service or for an exchange or reimbursement. All noted damages of a returned product due to non-respected packaging standards can lead to a partial or no reimbursement of the product in case the product cannot be resold because of its condition or in case the indicated technical problem is worsened.

Order Tracing
The Client can consult the state of his/her order at any given moment on the site www.FrenchTouchDeco.com by consulting his/her account. This tracing not only allows the Client to find out what step in the processing his/her order is in but it also allows the Client to know what step of shipping or delivery his/her order is at. This tracing process carried out electronically with the internet methods used for the tracing of transporters.
FrenchTouchDeco cannot be held responsible for unavailability or errors given by its transporters that can effect the given information. FrenchTouchDeco makes an effort however to keep this information as clear as possible and to make the transportation with its transporters as reliable as possible.
The Client can contact the customer service department of FrenchTouchDeco at any time to be informed of the state of his/her order.

Delivery Services
The delivery address (which can be different from the billing address) must be exact and must mention all necessary information to a smooth delivery;

1- For a delivery of large items, it is the Client’s responsability to verify the accessibility of the building, of the floor or of the room and to inform FrenchTouchDeco or the transporter when making an appointment for delivery. If the delivery cannot take place because of accessibility, FrenchTouchDeco cannot be held responsible.

2- A wrong delivery address, place of delivery, accessibility, telephone number to make an appointment, the absence of the Client at the appointed time, or any other problem involving the necessity for a new delivery could entail charging the Client for the actual cost of a new delivery, the payment of these charges being the only way to receive the new delivery.
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Defaults during delivery

-Late delivery due to the transporter
In the case of a late delivery compared to the delays given by the transporters, the Client must first contact the transporter or their distribution office. In case of an extremely late delivery, the Client must contact FrenchTouchDeco in order to file a report to search for the package.
It is possible that the packages could be misplaced by the transporters. The delays imposed by the transporters implicate that the Client can declare the loss of an item after 20 days following the reception of the shipping notification from FrenchTouchDeco. Under these conditions, FrenchTouchDeco agrees to make the necessary complaints and claims to the concerned transporters.
In case the package is not found, FrenchTouchDeco will make a second delivery of the same Product (within the delay of availability) or will propose a reimbursement to the Client.

-Damaged packages
The Client should verify all packages and their conditions in front of the transporter and to note any partial or total damage on the delivery invoice. In the absence of this note the Product is considered accepted by the Client and cannot be subject to a contestation concerning its delivery. The Client must notify FrenchTouchDeco by e-mail after having noted the damages so that FrenchTouchDeco may make the necessary efforts as soon as possible, as much from the side of returning the product to its warehouse as from the side of a new shipment. If not notified FrenchTouchDeco cannot be held responsible for a long delay in processing a new delivery.

Contract guarantees
Certain categories of Products sold on the site www.FrenchTouchDeco.com are garanteed in a contractual manner by their respective constructors. The length of the guarantee of a product is indicated on its product description page. The contract of guarantee is made between the Client and the maker upon purchase, the receipt of payment and the certificate of guarantee of the maker are considered proof of guarantee.
The length of this contractual guarantee and its conditions of application vary according to the constructors: the client must be sure to read and conserve the certificate of guarantee which can be found in the packaging of the item.

FrenchTouchDeco can, in certain cases, propose additional guarantees. A specific subscription is then proposed to the Client during the ordering process.

In all cases, the Client that wishes to use his/her guarantee on a Product must first contact the customer service department of FrenchTouchDeco which will inform him/her of the procedure to follow. The Client must then contact the after-sales services of the concerned brand name to have his/her product be taken care of by their after-sales services.

Legal guarantees
Notwithstanding the specific guarantees, FrenchTouchDeco informs its Clients that they have a right, on all the Products, to the legal guarantee of hidden defects. This guarantee permits the Client who finds a hidden defect to obtain either a reimbursement in full in exchange for returning the Product or a partial reimbursement without returning the Product.

Responsability
FrenchTouchDeco is exempt from its delivery obligations in case of overpowering circomstances.
FrenchTouchDeco refuses all responsibility as far as indirect usage or misusage of the products that the client ordered is concerned.
The total or partial impossibility to use the products notably because of incompatibility of the material or software cannot lead to a reimbursement, compensation or the blame of FrenchTouchDeco.
The sites directly or indirectly linked to the site www.FrenchTouchDeco.com are not under the responsibility of FrenchTouchDeco. Therefore, the company takes no responsibility for the published information on these sites. The links with third party sites are only furnished for a matter of convenience and do not implicate any guarantee of their contents.

Fraud control
The information pertaining to a client’s order is subjet to an automated processing of the data. The purpose for this automated processing of data is to define an analytical level of a transaction and to help prevent credit card fraud.
The occurence of a nonpayment due to fraudulous use of a credit card will lead to the registration of any information concerning the order associated with this nonpayment in a payment incidents folder. An irregular declaration or an anomaly can also lead to a specific treatment.
Otherwise, in this context, FrenchTouchDeco may also be led to request all necessary paperwork from the client in order to clear the order: proof of residence, ID . . .

Personal and nominative information
The visitors or Clients of the site www.FrenchTouchDeco.com have a right at any time to access, modify, rectify and delete any information concerning them in application with the current laws.
During the registration of a Client or an order, or in the context of other specific operations, FrenchTouchDeco proposes to its visitors or Clients the possibility to receive its news letter, special offers, and/or to register him/herself to be informed of possible “sales events”. The visitor or Client can modify his/her subscription at any given time through his/her personal account, or through the link shown on the bottom of each offer received by e-mail.
FrenchTouchDeco can also propose to its visitors or Clients the possibility to receive special offers from its partners. FrenchTouchDeco permits itself the right to collect information on the Client including by the usage of cookies. FrenchTouchDeco commits itself not to transmit the identity or personal information of its visitors or Clients to a third party.

Intellectual Property
All the elements presented on the site www.FrenchTouchDeco.com, whether visual or auditory, including the subjacent technology used, are protected by author’s rights, brand names or patents. They are the exclusive property of FrenchTouchDeco.
Anyone posseding an internet site that wishes to place a simple link to the site www.FrenchTouchDeco.com must ask permission from FrenchTouchDeco. An authorization given by FrenchTouchDeco does not constitute in any case an implicit affiliation agreement and will in no case be given in a definitive manner. Upon a simple request by FrenchTouchDeco the link will have to be removed.
All links transfering to the site www.FrenchTouchDeco.com and using “framing” or “in-line linking” are formally forbidden.

Integrality of the Conditions
A modification of legislation, of reglementation or a legal decision rendering one or more clauses of these General Sales Conditions void could affect the validity of the present general sales Conditions. Such changes or notice does not permit the Client in any case to not respect the general sales Conditions.

If a condition is not explicitly mentioned, it will be considered directed by the current usages in the correspondance sales sector of the companies based in the United States.

Duration and application
The present Conditions are applicated to all transaction effectuated on the site www.FrenchTouchDeco.com as long as the store www.FrenchTouchDeco.com is online.
The present Conditions, precisely dated, are modifiable at any moment by FrenchTouchDeco. The applicable Conditions are the ones listed on the day the transaction takes place.