TERMS OF SALE
PREAMBLE
These terms and conditions of sale govern the online sale of the furniture and lighting published by Hauvette & Madani on hauvette-madani.com. The seller is Hauvette & Madani Design Studio (HMDS), a French limited liability company with share capital of 20,000 euros, whose registered office is at 32 rue Washington, 75008 Paris, registered with the Paris Trade and Companies Register under number 519 641 393, VAT number FR40519641393. Placing an order implies full acceptance of these terms. HMDS may amend them at any time; the terms that apply are those in force on the day the order is placed.
ARTICLE 1 — THE PIECES
The essential characteristics of each piece are set out on its product page. The pieces are produced in small series and made by hand in partner workshops. Woods, stones, leathers, lacquers and glass show variations in tone, grain and texture that belong to the material and to the making: they are part of the piece and are not defects. Hand-applied finishes are never strictly identical from one example to the next. Photographs and dimensions are given for guidance and are not contractual. HMDS may withdraw a piece from the catalogue at any time; orders placed before the withdrawal are honoured.
ARTICLE 2 — INTENDED USE
The pieces sold on this site are designed and delivered for residential use. They are not supplied with the certifications required for premises open to the public, in particular fire performance. Any buyer intending a piece for hotel, retail or office use must inform HMDS before ordering, so that a certified version may be offered where one exists. No claim may be based on the absence of certification for an undeclared use. Our luminaires are not listed by a Nationally Recognized Testing Laboratory. Where local codes require a listed luminaire, a field evaluation may be necessary prior to inspection.
ARTICLE 3 — PRICE
Prices are shown in euros, inclusive of tax and exclusive of delivery. The price that applies is the one shown on the product page on the day of the order. Where two prices appear in different places on the site or in a newsletter, the product page price prevails. The rate of value added tax applied depends on the country of delivery. For deliveries outside the European Union, French VAT is not charged; import duties and taxes payable in the country of destination remain the buyer's responsibility. Delivery costs are given before the order is confirmed.
ARTICLE 4 — ORDERS
Orders are placed following the process set out on the site. An order becomes firm when payment is accepted. The client warrants that they have the legal capacity to contract and are authorised to use the means of payment employed. They are responsible for the accuracy of the information provided; HMDS is not liable for the consequences of an input error on delivery. For fraud prevention purposes, supporting documents may be requested, in which case the order is suspended until they are received. If no reply is given, or if the documents are not in order, the order is cancelled and all sums paid are refunded in full.
ARTICLE 5 — PAYMENT
Payment is made in full at the time of the order, by bank card using the 3D Secure protocol or by bank transfer. No piece goes into production before payment is received. In the event of a payment incident, HMDS may suspend or cancel the order and any delivery in progress. Delivered pieces remain the property of HMDS until their price has been paid in full; this retention of title does not prevent the transfer of risk to the client on delivery.
ARTICLE 6 — PRODUCTION TIME
Pieces are made after the order is placed. The lead time for manufacture and availability is ten to sixteen weeks depending on the piece and the finish chosen. This lead time is indicative. HMDS informs the client as soon as a delay becomes known, with its cause and expected length. If the announced lead time is exceeded by more than four weeks, the client may cancel the order in writing and obtain a refund of all sums paid within fourteen days, without prejudice to their rights under articles L. 216-2 and L. 216-3 of the French Consumer Code.
ARTICLE 7 — DELIVERY
Three delivery options are offered: doorstep delivery, white-glove delivery with installation, and collection arranged by the client with their own carrier. The option chosen and its cost are shown before the order is confirmed. Where the client arranges transport, transport claims must be addressed directly to their carrier. It is for the client to check, before ordering, that the piece can be brought to its destination, given the dimensions of the accesses, doors, staircases and lifts. A delivery made impossible for this reason is not a failure on the part of HMDS. A piece that is available and not collected or not delivered because of the client after thirty days incurs storage charges of 1% of the order value per month started.
ARTICLE 8 — DELIVERY AND DAMAGE
The client checks the condition of the pieces on delivery, in the presence of the carrier. Any damage, shortage or error must be recorded on the delivery note as a precise reservation, then reported to HMDS within three working days, with photographs of the packaging and of the piece. The original packaging must be kept until the claim is settled. HMDS will then arrange, as appropriate, for repair, replacement or delivery of the missing piece.
ARTICLE 9 — RIGHT OF WITHDRAWAL
In accordance with articles L. 221-18 et seq. of the French Consumer Code, a consumer client has fourteen days from receipt of the order to exercise their right of withdrawal, without reason or penalty. They inform HMDS by an unambiguous written statement sent to mobilier@hauvette-madani.com, or using the form available on the site. Pieces are returned in their original packaging, complete and in resaleable condition, within fourteen days of the statement. Bulky pieces that cannot be returned by post are collected by the HMDS carrier at the client's expense: this cost is equal to the delivery charge paid at the time of the order and is deducted from the refund. The price of the pieces and the outward delivery cost, at the standard delivery rate, are refunded within fourteen days of the pieces being recovered. The client may be held liable for any depreciation resulting from handling beyond what is necessary to establish the nature and characteristics of the piece.
ARTICLE 10 — EXCLUSIONS FROM WITHDRAWAL
The right of withdrawal does not apply to pieces made to the client's specifications or clearly personalised, namely: upholstered pieces, for which the fabric is chosen by the client; pieces whose lacquer colour is made to order; module configurations defined with the client; and any piece whose dimensions or materials are modified at their request. Choosing a size, a finish or a glass colour from the options offered in the catalogue does not fall within these exclusions and does give a right of withdrawal. The personalised nature of an order is stated to the client before payment is confirmed.
ARTICLE 11 — LEGAL WARRANTIES
The pieces benefit from the legal guarantee of conformity provided for by articles L. 217-3 et seq. of the French Consumer Code and from the guarantee against hidden defects provided for by articles 1641 et seq. of the French Civil Code. The client has two years from delivery to bring a conformity claim and may choose between repair and replacement. These guarantees apply independently of these terms. They do not cover normal wear, the natural variation and evolution of materials described in article 1, or damage resulting from a use other than the one stated in article 2.
ARTICLE 12 — FORCE MAJEURE
HMDS cannot be held liable for the non-performance of its obligations in the event of force majeure within the meaning of article 1218 of the French Civil Code.
ARTICLE 13 — PERSONAL DATA
The data provided when ordering is processed for the purposes of the sale, manufacture, delivery and follow-up of the client relationship. It is kept for as long as necessary for those purposes and for accounting obligations. In accordance with Regulation (EU) 2016/679 and the French Data Protection Act of 6 January 1978, the client has a right of access, rectification, erasure, restriction, portability and objection, exercised at mobilier@hauvette-madani.com. They may lodge a complaint with the French data protection authority, the CNIL.
ARTICLE 14 — INTELLECTUAL PROPERTY
The drawings, designs, trade marks, photographs and texts appearing on the site remain the exclusive property of HMDS. No reproduction, adaptation or use, in whole or in part, is permitted without prior written consent.
ARTICLE 15 — MEDIATION AND DISPUTES
In the event of a difficulty, the client should first contact HMDS at mobilier@hauvette-madani.com. Failing an amicable solution, they may refer the matter free of charge to the consumer mediator to which HMDS belongs: CM2C, Centre de la médiation de la consommation de conciliateurs de justice, 4 rue Saint-Jean, 75017 Paris, cm2c@cm2c.net, www.cm2c.net. They may also use the European online dispute resolution platform. These terms are governed by French law. Failing agreement, disputes are brought before the competent French courts.