General conditions of sale

ARTICLE 1 - SCOPE OF APPLICATION

1.1. Identification of the parties . These general terms and conditions of sale (hereinafter referred to as the “ GTC ”) govern the contractual relations between any user, a natural person, of the site https://talkadecor.fr (hereinafter referred to as the “ Site ”) wishing to make, for purposes which do not fall within the scope of their commercial, industrial, craft or liberal activity, a purchase via the Site (hereinafter referred to as the “ Customer ”) and the company TOCE LIVING, a simplified joint-stock company whose registered office is located at 58 rue Amelot, 75011 Paris and registered with the Paris Trade and Companies Register under number 908 464 738 (hereinafter referred to as “ TOCE LIVING ”).

All orders placed for professional purposes must be made by contacting TOCE LIVING at the following email address: bonjour@talkadecor.fr.

1.2. Entry into force. These T&Cs shall enter into force on 1 October 2024.

1.3. Access to the T&Cs. These T&Cs are accessible at any time on the Site and will prevail over any other document. They can be saved and/or printed. They may be modified at any time by the Company and the applicable conditions are those that the Customer accepts when placing an order and which are accessible from the order confirmation email.

1.4. Acceptance of the General Terms and Conditions. The Customer declares that they have read these General Terms and Conditions and have accepted them by ticking the box provided for this purpose during the online ordering procedure on the Site.

1.5. Customer service. For any questions, information or complaints, a customer service is available to the Client:

  • By email to the following address: bonjour@talkadecor.fr
  • By post to the following address: TOCE LIVING, 58 rue Amelot, 75011 Paris
  • By phone, via the Whatsapp application: +33(0) 7 88 22 42 97
  • via the Instagram application: @talkadecor

ARTICLE 2 - PRODUCTS

2.1. Type of Products. TOCE LIVING offers furniture and decorative objects made of natural travertine stone (hereinafter referred to as the “ Products ”). The Products offered for sale by TOCE LIVING are as follows:

  • coffee tables,
  • dining tables,
  • bedside tables and side tables
  • flower pots, decorative objects
  • basins.

2.2. Catalog Products. The Products offered for sale by TOCE LIVING are the Products available on the Site.

2.3. Main characteristics of the Products . The main characteristics of the Products, including the specifications, photographs and indications of dimensions or capacity of the Products, are presented on the Site with the greatest possible precision. The Customer is advised to consult the description of each Product appearing at the bottom of each product page in order to learn more about the Product concerned, in particular with regard to the characteristics sought by the Customer, because the Customer is solely responsible for the choice and purchase of a Product.

The photographs provided on the Site are not contractually binding. The Customer is specifically informed that TOCE LIVING does not carry out any industrial manufacturing. Each product delivered is unique and made from natural materials. The Customer therefore accepts that the delivered Product may present slight variations in natural colors compared to the photos appearing on the Site.

2.4. Products in stock or on pre-order. Product offers are subject to availability, as specified on the Site when the order is placed. If, despite TOCE LIVING's best efforts, it turns out that the Products ordered are no longer available, TOCE LIVING will inform the Customer by any means (telephone call or email) as soon as possible. No debit corresponding to the unavailable Product(s) will be made from the Customer's bank account in the event of the unavailability of one or more Product(s). In the event that payment has already been made, the Customer will be reimbursed for the portion of the payment corresponding to the unavailable Product(s).

The Products may also be offered for sale on a “pre-order” basis. The Customer will then be invited to “pre-order” the said Products and pay the Price. Specific delivery times will be announced to the Customer by TOCE LIVING either on the Site or in the order confirmation email.

ARTICLE 3 - PRICE

3.1. Price of Products. The sales prices of the Products offered on the Site are indicated in Euros and increased by the VAT rate applicable on the day of the order.

Orders to Switzerland: The prices displayed on the Site are shown inclusive of all taxes by default (French VAT). When a delivery address in Switzerland is entered in the shopping cart, French VAT is automatically deducted and the price is exclusive of taxes. The Customer will be liable for Swiss VAT, as well as any customs duties and clearance fees, which will be their responsibility and payable at the time of delivery.

3.2. Price to pay. The price to pay is the price indicated on the Site in the Product sheet, increased by the additional costs (including delivery costs and service options) communicated at the time of ordering. It may be reduced by a discount (for example, promotional codes or vouchers). The price will not be final until the order is confirmed.

3.3. Promotional codes or vouchers. The Customer may benefit from personal, non-transferable promotional codes or vouchers that they can use when confirming their order by entering their reference in the purchase form. It is specified that promotional codes or vouchers are only valid for the duration indicated by TOCE LIVING to the Customer.

3.4. Shipping costs . Shipping costs are due for each order placed. The exact amount of shipping costs depends on the delivery method chosen, the place of delivery of the order and its contents. The amount of the shipping costs will be indicated in the shopping cart and will be subject to the Customer's approval prior to validation of the shopping cart. To obtain an estimate, the Customer can simulate their purchases on the Site. In all cases, this indication remains an estimate and only the amount of shipping costs indicated when validating the shopping cart has contractual value.

3.5. Discount and taxes . Orders are payable immediately. There will be no discount applied. In the event of a change in the VAT rate or the application of any new taxes, the price will be automatically modified without any notice other than the legal due date of the new rate.

3.6. Price variations . The prices of the Products appearing on the Site are subject to change. TOCE LIVING reserves the right to change prices without prior notice, particularly in the event of a labeling error. Notwithstanding the foregoing, the prices indicated on the Site at the time of purchase are the prices applicable to that purchase. Although the Website is carefully prepared, it is possible that the prices indicated contain errors. TOCE LIVING reserves the right to cancel the Customer's purchase only when this labeling error leads to the application of a price unrelated to the actual value of the Product.

3.7. Foreign currencies . Prices are indicated in Euro. If the payment currency differs from the currency in which the prices appear, the Customer's bank will apply its exchange rate in effect on the date of purchase, which is beyond the control of TOCE LIVING. Any fees and charges associated with payment in a foreign currency are the responsibility of the Customer.

ARTICLE 4 - ORDERS

4.1. Order process. To place an order for a Product on the Site, the Customer must:

  • have a user account opened according to the procedure provided for in Article 4 bis or a guest account without prior registration on the Site;
  • have a valid bank card.

Orders for Products are placed online in the following steps:

  • the Customer fills his basket with Products,
  • the Customer creates his account, registers if he is already a member of the TOCE LIVING community or continues his order as a guest,
  • the Customer provides information regarding their delivery details,
  • the Customer is informed about the delivery methods offered and the amount of delivery costs,
  • the Customer chooses his payment method,
  • the Customer acknowledges and expressly accepts the General Terms and Conditions,
  • the Customer confirms his order by clicking on “Order & Pay”,
  • the Customer makes the payment,
  • Finally, the Customer receives an email confirming their order.

4.2. “Custom-made” orders. All Products presented on the Site can also be ordered “custom-made”, in the dimensions requested by the Customer. In this case, the Customer is invited to contact TOCE LIVING according to the terms described in Article 1.

4.3. Terms and conditions governing the order. Product offers are valid as long as they are visible on the Site, within the limits of available stocks.

The sale will only be considered final after full payment of the price and receipt of the sums by TOCE LIVING, without prejudice to the Customer's right of withdrawal, the terms of which are specified in Article 8.

The Customer is required to check the completeness and accuracy of the information he provides to TOCE LIVING when ordering, particularly his delivery address.

4.4. Order Confirmation. Once the order has become final, TOCE LIVING will send the Customer an order confirmation email to the email address provided by the Customer. Receipt of this email signifies acceptance by TOCE LIVING of the Customer's order and thus forms the sales contract between the parties in accordance with the provisions of the General Terms and Conditions. The Customer formally accepts the use of email for confirmation by TOCE LIVING of the contents of his or her order.

The information provided by the Customer as well as the General Terms and Conditions will be recalled in the order confirmation email.

The Customer is responsible for keeping this validation email representing their copy of the sales contract.

TOCE LIVING cannot be held responsible for the fact that this email is deleted by an “anti-SPAM” type device.

The Customer who has created a customer account can also access the summary of his order at any time by logging into the Site and opening the “My Account” tab.

4.5. Cancellation or refusal of order by TOCE LIVING. TOCE LIVING reserves the right to cancel or refuse any order from a Customer for legitimate reasons, such as the unavailability of Products or the abnormal nature of the Customer's order.

ARTICLE 4 BIS - CUSTOMER AREA - ACCOUNT

4 BIS. 1. Account creation process. When placing an order on the Site, the Customer has the option of creating a customer account (personal space) or continuing their order as a guest, without prior registration.

To create a customer account, he must register by completing the form that will be offered to him at the time of his order and undertakes to provide accurate information concerning his civil status and his contact details, in particular his e-mail address.

4 BIS. 2. Principles governing the account. The Client is responsible for updating the information provided. He is informed that he can modify it by logging into his account.

To access their personal space and order history, the Customer must log in using their username and password, which are strictly personal. As such, the Customer is prohibited from disclosing them. Otherwise, they will remain solely responsible for their use.

The Customer may also request to unsubscribe by going to the dedicated page in their personal space or by sending an email to: bonjour@talkadecor.fr. This will be effective within a reasonable time.

In the event of non-compliance with the general conditions of sale and/or use, TOCE LIVING will have the option of suspending or even closing a Customer's account after formal notice sent electronically and remaining without effect.

Any deletion of an account, whatever the reason, results in the permanent deletion of all the Client's personal information.

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

Creating an account implies acceptance of the general conditions of use of the Site.

ARTICLE 5 - PAYMENT CONDITIONS

5.1. Payment methods. The price is paid by secure payment made by bank card.

The CUSTOMER must have the following debit or credit card: Carte Bleue®, MasterCard®, VISA® and American Express®.

5.2. Cash payment – Payment by installments . The price is payable in cash by the Customer on the day the order is placed.

However, the Customer may, when this possibility is indicated on the Site, pay according to the following conditions and schedule: payment in 3 equal direct debits occurring one month apart from the first day of the sale. This service is provided by the company ALMA, partner of TOCE LIVING, allowing staggered payment of the order without fees. A financing contract containing specific provisions must be accepted and concluded by the Customer with the company ALMA. A payment confirmation email will be sent by the company ALMA in parallel with the order confirmation email sent by TOCE LIVING.

In this case, in the event of payment of the sums due by the Customer beyond the deadlines set above and after the payment date appearing on the invoice sent to the latter, late payment penalties calculated at the legal rate applicable to the amount including tax of the purchase price appearing on said invoice, will be automatically and automatically acquired by TOCE LIVING, without any formality or prior formal notice.

5.3. Terms governing payments made. Late payment will result in the immediate payment of all amounts owed by the Customer, without prejudice to any other action that TOCE LIVING would be entitled to take against the Customer in this regard.

Furthermore, TOCE LIVING reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of current orders placed by the Customer.

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in banking transactions carried out on the Site.

Payments made by the Customer will only be considered final after actual collection by TOCE LIVING of the amounts due.

ARTICLE 6 - DELIVERIES

6.1. Territories. The Products ordered by the Customer will be delivered to mainland France or to the following areas: Switzerland, United Kingdom, and countries of the European Union.

6.2. Delivery times. Delivery times are specific to each Product depending on its weight and dimensions and are specified on each Product sheet.

6.3. Delivery terms. Delivery is made by a carrier determined by TOCE LIVING (unless specifically requested by the Customer under the conditions of article 6.6) depending on the destination, weight and dimensions of the package. Delivery of each Product in the basket may be made independently. The Customer must carefully fill in all fields on the delivery form at the time of ordering, including their delivery details and a landline or mobile phone number. Neither TOCE LIVING nor the transport company can be held responsible for an impossibility of delivery due to an inaccuracy or error in the delivery address.

Deliveries are made by an independent carrier, to the address provided by the Customer when ordering and which the carrier can easily access.

Delivery is constituted by the transfer to the Customer of physical possession or control of the Product.

TOCE LIVING undertakes to make its best efforts to deliver the products ordered by the Customer within the timeframes specified above.

6.4. Import charges. Customs duties or other local taxes or import duties or state taxes may be payable in the event of delivery abroad. These will be borne by the Customer and are their sole responsibility.

6.5. Delay in delivery. If the ordered Products have not been delivered within the delivery time indicated by TOCE LIVING, the Customer may:

1° In the event of payment by installments, notify TOCE LIVING of the suspension of payment of all or part of the price until TOCE LIVING performs, under the conditions of articles 1219 and 1220 of the Civil Code;

2° Terminate the contract if, after having formally notified TOCE LIVING to carry out delivery within a reasonable additional period, the latter has not complied within this period.

The contract is considered terminated upon receipt by TOCE LIVING of the letter or document informing it of this termination, unless TOCE LIVING has performed in the meantime.

The sums paid by the Client will then be returned to him at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding.

6.6. Delivery by a carrier chosen by the Customer . The Customer may inform TOCE LIVING by e-mail of their choice of carrier. Delivery is then deemed to have been made upon delivery of the Products ordered by TOCE LIVING to the carrier. The Customer acknowledges that it is the carrier's responsibility to carry out delivery and has no warranty recourse against TOCE LIVING in the event of failure to deliver the transported goods.

6.7. Special request from the Customer regarding packaging or transport conditions. In the event of a special request from the Customer regarding the packaging or transport conditions of the products ordered, duly accepted in writing by TOCE LIVING, the related costs will be subject to specific additional invoicing, based on a quote previously accepted in writing by the Customer.

ARTICLE 7 - TRANSFER OF OWNERSHIP - TRANSFER OF RISKS

7.1. Transfer of ownership. The transfer of ownership of the Products from TOCE LIVING to the Customer will only take place after full payment of the price by the latter, regardless of the delivery date of said Products.

7.2. Transfer of risks. The transfer of risks of loss and damage relating thereto will only take place when the Customer or a third party designated by the Customer takes physical possession of the Products. The Products therefore travel at TOCE LIVING's risk, except when the Customer has chosen the carrier himself. In the latter case, the risks are transferred at the time the goods are handed over to the carrier.

Upon delivery of the order, the Customer must check the conformity and condition of his order in the presence of the carrier and, where applicable, make any necessary reservations regarding apparent defects (missing product, damaged package).

If the package received is open or visibly damaged, or if all or part of the Products in the package are damaged, missing or do not correspond to the order, the Customer (or any third party designated by him) is invited to refuse receipt of the package or the Products concerned and to issue, in writing, the necessary and sufficiently detailed usual reservations to the carrier (open package, package or item(s) damaged or missing or not conforming to the order, etc.).

In any event, the Customer also undertakes to notify TOCE LIVING without delay in accordance with the terms described in Article 1, in order to allow TOCE LIVING to carry out an investigation with the carrier and/or to exercise recourse against the latter within the time limits provided for by the applicable regulations, where applicable. In the event of missing Products, refusal or return of a Product by the Customer in the above circumstances, TOCE LIVING will either refund the Product(s) concerned within 14 days, or reship the damaged/missing Product(s).

The above provisions do not deprive the Customer of the benefit of the right of withdrawal as provided for in Article 8 below or of the benefit of the guarantees available to him as provided for in Article 9 below.

7.3. Absence of non-conformity . It is recalled that the photographs provided on the Site are not contractual. These differences cannot be considered as a lack of conformity and no returns will be accepted on this basis.

ARTICLE 8 - RIGHT OF WITHDRAWAL

8.1. Concept of right of withdrawal. In accordance with Article L.221-18 of the Consumer Code, the Customer has the possibility to withdraw from his order within fourteen (14) days from receipt of the Products by the Customer or by a third party, other than the carrier, designated by him. This possibility is exercised without the Customer having to justify any reason and without penalties being applied to him.

8.2. Exclusion of the right of withdrawal. In accordance with Article L.221-28, 3°, of the Consumer Code, the right of withdrawal cannot be exercised for products made to the consumer's specifications or clearly personalized. It is thus excluded in particular in the specific case of the purchase of Products made to measure according to the Customer's specifications.

8.3. Exercising the right of withdrawal. The right of withdrawal may be exercised using the withdrawal form in Appendix I, which is also available on the Site, or any other unambiguous statement expressing the desire to withdraw by post or email addressed to TOCE LIVING in accordance with the instructions provided in Article 1 of the General Terms and Conditions.

8.4. Return of Products by the Customer. The Customer must return the Products to TOCE LIVING without undue delay and, at the latest, within fourteen (14) days from the withdrawal communicated to TOCE LIVING.

Returns of Products must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products will not be accepted.

Return costs remain the responsibility of the Customer.

8.5. Reimbursement of Products by TOCE LIVING. The reimbursement will be made within 14 days of receipt by TOCE LIVING of the Products returned by the Customer under the conditions set out in this article or from the provision of proof of shipment of the goods, the date retained being that of the first of these facts.

ARTICLE 9 - GUARANTEES

The Products supplied by TOCE LIVING benefit from:

  • of the legal guarantee of conformity provided for in articles L.217-4 of the consumer code;
  • of the legal guarantee against hidden defects provided for in articles 1641 et seq. of the Civil Code.

The main legal provisions governing these legal guarantees are reproduced in Appendix II of these T&Cs.

9.1. Legal guarantee of conformity . TOCE LIVING undertakes to deliver to the Customer a Product that conforms to the order confirmation, i.e. suitable for the use usually expected of a similar product or presenting the characteristics defined by mutual agreement between the parties or suitable for any special use sought by the Customer brought to the attention of TOCE LIVING and accepted by the latter. TOCE LIVING is liable for any lack of conformity existing at the time of delivery of the Product.

In the event of a Product not conforming, TOCE LIVING undertakes to bring the Product into conformity by choosing between repair and replacement.

Please note that the photographs provided on the Site are not contractually binding. These differences cannot be considered as a lack of conformity and no returns will be accepted on this basis. These differences cannot be considered as a lack of conformity.

TOCE LIVING may refuse to bring the Product into conformity if this is impossible or entails disproportionate costs. If TOCE LIVING's refusal does not meet these conditions, the Customer may, after formal notice, pursue specific enforcement of the solution initially requested, in accordance with Articles 1221 et seq. of the Civil Code.

Failing this, the Customer is entitled to a reduction in the price of the goods or to the termination of the contract under the conditions indicated in article L.217-14 of the Consumer Code.

The Customer has a period of two (2) years from delivery of the Product to act on the basis of the legal guarantee of conformity.

9.2. Legal guarantee against hidden defects. In the event of hidden defects in a Product, the Customer may choose between cancellation of the sale or a price reduction.

The Customer has a period of two (2) years from the discovery of the hidden defect to act on this basis.

The provisions of this article do not exclude the right of withdrawal provided for in article 8 of these T&Cs.

ARTICLE 10 - LIABILITY

10.1. Exclusion of liability in the event of force majeure. TOCE LIVING shall not be held liable in the event of poor performance or non-performance of any of its obligations due to a case of force majeure as defined in Article 1218 of the Civil Code and French case law based on this.

10.2. Concept of force majeure . In the event of the occurrence of such a case of force majeure, TOCE LIVING will inform the Customer within five (5) days from the date of occurrence of the event. The execution of the obligation is then suspended. When this suspension continues for a period exceeding seven (7) days, the Customer has the option of canceling the current order and TOCE LIVING will proceed to reimburse it.

10.3. Other cases of exclusion of liability . TOCE LIVING may also not be held liable in the event of poor performance or non-performance of one of its obligations due to an act or omission attributable to the Customer or due to an unforeseeable and insurmountable act of a third party or due to an act or obstacle beyond the control of TOCE LIVING, which the latter could not reasonably foresee at the time of signing the contract with the Customer, and the consequences of which cannot be reasonably avoided or overcome by TOCE LIVING.

11.1. General. The Customer is informed that the collection of his/her personal data is necessary for the sale of the Products by TOCE LIVING as well as for their transmission to third parties for the purpose of delivery of the Products. This personal data is collected solely for the execution of the sales contract and compliance by TOCE LIVING with its legal obligations.
TOCE LIVING undertakes to only use the confidential information of its Internet users within the framework of the operation of its Site.

The use of Customer contact details will therefore be made in accordance with the expression of their preferences during registration. At the first request of the Customer wishing to no longer appear in the TOCE LIVING database, we undertake to deactivate all contact details and information relating to the member concerned.

TOCE LIVING may use technical means to obtain non-personal information relating to Internet users and intended to improve the functionality of the Site, for example by tracking the number of visitors to the site.

Furthermore, TOCE LIVING only collects personal data such as surname, first name, address and email address if these are voluntarily provided by the Customer. The data collected in this way may not be used for commercial purposes other than those indicated on the Site or which may be developed subsequently by TOCE LIVING. None of the information may be transferred to third parties without the express consent of the Customer upon registration or subsequently in their data management area.

Each Client has the right to access, modify, rectify or delete data concerning them (article 34 of the Data Protection Act).

To exercise this right, you should contact TOCE LIVING by sending an email to bonjour@talkadecor.fr or, at any time, by modifying your data in “My account”.

11.2. Collection of personal data. The personal data collected on the Site are as follows:

  • When creating the Client/user account: Names, first names, postal address, telephone number and email address.
  • Upon payment: TOCE LIVING records financial data relating to the Client/user's bank account or credit card.

11.3. Recipients of personal data. Personal data is used by TOCE LIVING and its co-contractors for the execution of the contract and to ensure the efficiency of the sale and delivery of the Products.

The category(ies) of co-contractor(s) is (are):

  • Transport providers
  • Payment institution providers

11.4. Data controller. The data controller is TOCE LIVING within the meaning of the Data Protection Act and Regulation 2016/679 on the protection of personal data.

11.5 Limitation of processing. Unless the Customer expressly consents, their personal data will not be used for advertising or marketing purposes.

11.6. Data retention period. TOCE LIVING will retain the data collected for a period of 10 years from delivery of the Products, covering the limitation period for applicable contractual civil liability and enabling TOCE LIVING to meet its obligations arising in particular from Article L.213-1 of the Consumer Code for purchases of Products with a value exceeding €120.

11.7. Security and confidentiality. TOCE LIVING implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and TOCE LIVING cannot guarantee the security of the transmission or storage of information on the Internet.

11.8 Implementation of the rights of Customers and users. In accordance with the regulations applicable to personal data, Customers and users of the Site have the following rights:

  • They can update or delete data concerning them;
  • They can delete their account;
  • They can exercise their right of access to know the personal data concerning them;
  • If the personal data held by TOCE LIVING is inaccurate, they can request that the information be updated;
  • They may request the deletion of their personal data, in accordance with applicable data protection laws;
  • They can also request the portability of data held by TOCE LIVING to another service provider;
  • They can object to the processing of their data by TOCE LIVING.

These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by post or email to the data controller whose contact details are given in Article 1 of the T&Cs.

The data controller must provide a response within a maximum of one month.

In the event of refusal to comply with the Client's request, reasons must be given.

The Client is informed that in the event of refusal, he/she may file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

The Customer may be asked to tick a box to agree to receive informational and advertising emails from TOCE LIVING. The Customer may withdraw their consent at any time by contacting TOCE LIVING (contact details above) or by following the unsubscribe link.

ARTICLE 12 - INTELLECTUAL PROPERTY

The content of the Site is the property of TOCE LIVING and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

ARTICLE 13 - APPLICABLE LAW – LANGUAGE

13.1. Applicable law . These General Terms and Conditions and the transactions resulting from them are governed by and subject to French law, excluding its provisions which would refer to the mandatory application of a foreign law. The application of French law cannot lead to the Customer being deprived of the level of protection provided by the provisions of the mandatory laws of his or her country of habitual residence.

13.2. Language. These T&Cs are written in French.

In the event that they are translated into one or more foreign languages, only the French text shall be authentic in the event of a dispute.

ARTICLE 14 - DISPUTES

14.1. Customer Service. For any complaints, the Customer will contact TOCE LIVING customer service at the postal address or email address indicated in Article 1 of these General Terms and Conditions.

14.2. Mediation. In the absence of an amicable agreement with TOCE LIVING's customer service department, the Customer may submit the dispute to a consumer mediator.

The Client can use the Online Dispute Resolution (ODR) platform to choose the mediator they wish to manage the dispute:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

14.3. Competent jurisdictions. All disputes relating to purchase and sale transactions concluded pursuant to these General Terms and Conditions or relating to the use of the Site and which have not been the subject of an amicable settlement between TOCE LIVING and the Customer will be submitted to the competent French courts, unless there are contrary legal provisions which would refer to the mandatory jurisdiction of a foreign court.

ANNEX I

WITHDRAWAL FORM

Date ______________________

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on https://talkadecor.fr except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.

To the attention of TOCE LIVING

58 rue Amelot, 75011 Paris

bonjour@talkadecor.fr

I hereby notify my withdrawal from the contract for the sale of the property below:

  • Order dated (indicate date): ...........................................................
  • Customer Name: ...........................................................................
  • Customer Address: .......................................................................

Client's signature (only if this form is notified on paper)

ANNEX II

BOX INSERTED IN ACCORDANCE WITH ARTICLE D. 211-2 OF THE CONSUMER CODE

The consumer has a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.

Where the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee is applicable to this digital content or this digital service throughout the period of supply provided. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date on which it appeared.

The legal guarantee of conformity requires the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.

The legal guarantee of conformity gives the consumer the right to have the goods repaired or replaced within thirty days of their request, free of charge and without any major inconvenience to them.

If the product is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.

If the consumer requests the repair of the goods, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.

The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund upon return of the goods, if:

1° The professional refuses to repair or replace the goods;

2° The repair or replacement of the goods takes place after a period of thirty days;

3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of recovery or removal of the non-compliant good, or if he bears the costs of installation of the repaired or replacement good;

4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.

The consumer is also entitled to a reduction in the price of the goods or to the termination of the contract when the lack of conformity is so serious that it justifies the immediate reduction in price or termination of the contract. The consumer is then not required to request the repair or replacement of the goods beforehand.

The consumer is not entitled to cancel the sale if the lack of conformity is minor.

Any period of immobilization of the property for the purpose of its repair or replacement suspends the guarantee which remained to run until delivery of the repaired property.

The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the consumer code.

A seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (Article L. 241-5 of the Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the item is kept or to a full refund upon return of the item.