1. PURPOSE
These General Terms and Conditions of Sale (the “GTC”) apply to the online sale of TRECA® products (as defined hereinafter) of our company ALSACE BEDDING (SAS) (the “Seller”) to a customer (the “Customer”) on this website treca.com/us (the “Website”). All Customer orders imply unconditional acceptance of these GTC. These GTC may be amended at any time by Seller. Amended GTC are applicable to any new order placed after this modification. If Seller does not exercise its rights at a given time, in relation to one of the clauses within these GTC, this shall not be interpreted as a waiver of Seller’s right to invoke these terms at a later date. The order is personnel to the Customer and may not be assigned, pledged nor transferred without the Seller’s authorization. ALSACE BEDDING (SAS) is a private company incorporated in France, having its principal offices at 45 rue Cardinal Lemoine, 75005 Paris, France (company id# RCS PARIS 820.296.051). ALSACE BEDDING is a company of ADOVA GROUP (SAS), France having its principal offices at the same address.
2. PRODUCTS
Products are TRECA® branded bedding products (mattresses, bed bases, boxsprings and accessories) designed, developed and manufactured by Seller in France. Products sold on the Website are available to US costumers. Seller ensures that the Products descriptions inform the Customer of the necessary product information before the Customer places an order on the Website. Seller reserves the right to modify, cancel or withdraw before any order confirmation and without prior notice, any Product offer presented on the Website. Products are available for sale as they appear on the Website. In the event that a Product is unavailable once an order has been placed, Seller will immediately inform the Customer and will, if needs be, reimburse the Customer as quickly as possible and at the very latest within thirty (30) days.
3. ACCOUNT
Before placing a Product order via the Website each Customer must create an account. When placing the first order, the Customer must follow the account creation procedure and provide the Customer’s postal details, email address and create a password. This password is personal and is under the Customer’s responsibility. Customers must immediately inform Seller of lost or forgotten passwords by changing said password on the relevant webform on the Website.
4. ORDERING
When a Customer is ready to place an order, it must add the desired Products to the Customer basket by clicking on the “add to cart” button. The Customer can, at any moment, access the Customer cart and make changes by clicking on the corresponding link. Once the Customer is ready to confirm the Customer cart, and therefore the order, the Customer must click on the “proceed to checkout” button. The Customer will then follow the order procedure by providing the required invoicing and delivery information. The Customer must carefully read these GTC and accept them by ticking the box for this purpose or by cancelling the order. The Customer then confirms the order by clicking on the “place order” or “order confirmation” button. This final confirmation counts as a signature and express agreement of both the order and these GTC. The Customer will receive an information summary at the end of the procedure, including Seller’s and Buyer identification; Order description; total price and manner of payment; type of delivery and delivery address.
5. PRICES-PAYMENT
Product prices and are stated on the Website. Prices may be modified by Seller at any time before ordering without prior notification. Seller’s prices are expressed in US dollar and include shipping from the facilities of Sellers, transportation to the address indicated for shipping and customs fees. Payment is made according to the conditions as stipulated when the order is placed. All payments must be made in full upon ordering. Seller does not have access to the Customer’s bank details and is simply informed that payment has been made by the aforesaid company. Orders are considered fully paid after the reception of all amounts due to the Seller in connection with the order. In case of non-payment, the Seller reserves full rights to discontinue or cancel before shipping all pending orders of the Customer without prior notice. Any dispute on a given invoice shall not entitle the Customer to suspend the payment of any other invoice. Any and all costs incurred for the recollection of any sums due is at the Customer’s expense.
6. SHIPPING
In the absence of specific conditions at the time when the order is placed, all Products are “Delivered at Place” (ICC Incoterms). Products depart from Seller’s warehouses, located at Zone d’Activités Les Portes de Chambord, rue Jean Mermoz 41500 Mer, France, and 7 rue René Moritz, 67110 Reichshoffen, France. Products travel at the risk of Seller. In case of goods missing, accidents or late delivery, the Customer shall be responsible for notifying all reservations to the forwarder responsible for the above damages, in the time period and form required by all applicable law and regulation. Products are deemed as delivered (“Delivery Date“) when made available to the Customer at the place or location as mentioned in the previous clause. Seller informs the Customer that the Products are available, with fifteen (15) days’ notice. The customer shall have a period of eight (8) days to collect the Product. Any Customer complaint regarding compliance of a delivered Product with the order must be sent to Seller within eight (8) days after the Customer has received the Product. After this time, the Customer is deemed to have irrevocably and unconditionally accepted the delivery. In case of delivery of goods not complying with the order, the responsibility of the Seller is strictly limited to the obligation at its sole discretion to reimburse or to replace the noncompliant Product without any compensation nor penalty.
7. TRECA® WARRANTY
TRECA® Products sold on the Website carry a warranty against any manufacturing defects arising in the course of normal use of the goods, in accordance with Seller’s guidance, guide of use and maintenance, recommendations and advices. For mattresses, the Seller’s warranty covers the abnormal sagging or premature deformation of the goods, i.e. a loss of more than 10% of the initial overall height of the mattress (measurement is made from the peaks of the padding and not from the dimples of the interior tufting). For mattresses, TRECA® warranty is 10-YEARS from delivery date. It is 5-YEARS for bed bases and 2-YEARS for mattress toppers, electrical components, mechanical and electrical accessories. This warranty does not extend to the covering ticking, the outer stitching, the zip fastening or fastenings, the lifting handles or any other external component such as buttons or embroidery. TRECA® warranty is valid worldwide and applies to new Products only, excluding second-hand goods. During the warranty period, Customer’s remedy under this warranty, at Seller’s sole discretion, is the repair by Seller or replacement of goods established as defective by an identical product or (if non available) by an equivalent product. To be eligible for warranty repair or replacement, Customer must notify Seller within thirty (30) days of discovering of any manufacturing defect. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WITH RESPECT TO THE GOODS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF CUSTOMER HAS NOTIFIED SELLER OF ITS INTENDED USE FOR THE PRODUCTS), AND NON‐INFRINGEMENT. SELLER FURTHER EXPRESSLY DISCLAIMS ANY WARRANTY COVERAGE WHERE THE ALLEGED DEFECT OR NON-CONFORMITY IS DUE TO (I) NORMAL WEAR AND TEAR, ALTERATION, MODIFICATION, REPAIR, ATTEMPTED REPAIR, IMPROPER USE, IMPROPER MAINTENANCE, NEGLECT, ABUSE, IMPROPER STORAGE, FAILURE TO FOLLOW ANY PRODUCT INSTRUCTIONS ; (II) DAMAGE (WHETHER CAUSED BY ACCIDENT OR OTHERWISE), LOSS, OR ANY OTHER IMPROPER CARE OR HANDLING OF THE PRODUCTS CAUSED BY ANYONE OTHER THAN SELLER OR SELLERS’S EXPRESSLY AUTHORIZED DESIGNEE (II) ANY DAMAGE OR DISTORTION AS A RESULT OF A MATTRESS HAVING BEEN USED ON AN UNSUITABLE BED BASE HAVING EXCESSIVE HOLLOWS, HUMPS OR SURFACE ROUGHNESS, GAPS OF MORE THAN 6 CM BETWEEN OPEN SLATS OR SLATTED METAL FRAMES.
8. RESPONSIBILITY
In the event that an order is not processed, or badly processed due to an error on the part of Seller, Seller will repair direct damages. Seller will not be held liable for any indirect and/or non-material damage (such as operational loss, customer loss, missed opportunities and data loss, etc.). This is expressly accepted by the Customer. Customer is solely and fully responsible for the use of Products.
Subject to the laws in force, the total amount of indemnities, damages and charges of any kind payable by Seller for the Customer’s benefit as a result of a court decision (i.e. a matter on which the Court has given final judgement) will not exceed a global limit, including all litigations, equal to the Price excluding tax received by Seller for the damaged Product/Service in question. Any action, claim or demand by the Customer with respect to Seller in relation to delivery of a purchase order must be made within a maximum timeframe of one (1) year after the event in question, or deemed to be inadmissible by prescription.
9. INTELLECTUAL PROPERTY
The Seller is the sole owner of all rights, titles and interest in any and all trademarks, brands, logos, including TRECA® and TRECA PARIS® trademark and logos, drawings, commercial names, domain names, patents, designs, whether registered or not, in connection with products sale, marketing, promotion, advertising and publicity. They may not be represented or copied in any form whatsoever, particularly in photographic form or commercial names, without the prior written consent of the Seller, regardless of the medium. Any authorization of use is given on a personal, non-exclusive, non-transferable, non-assignable license, without any rights to sublicense. If the Customer becomes aware of any infringement of the Seller’s IPRs, it shall promptly inform the Seller and fully cooperate for the protection of Seller’s rights and interests.
10. FORCE MAJEURE
In no event shall Seller be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Seller shall use reasonable efforts which are consistent with accepted practices in the ecommerce to resume performance as soon as practicable under the circumstances.
11. PERSONAL DATA PROCESSING
Customer is adivsed that under the provisions of French applicable Law (EU General Data Portection Regulation), the Customer is informed that personal data may be collected during the order and automatically processed by Seller. This date is used in connection with the Products sale on the Website. the Custimer may at any time access, correct and oppose personal data collected by Seller. These rights can be exercised by contacting Seller at its main offices address.
12. GOVERNING LAW
The present GTC and all rights and obligations of the parties herein will be construed and enforced in accordance with French laws and regulations. Any disputes arising from the execution of a given sale shall come under the jurisdiction of the Tribunaux of Paris (France), including in case of incidental demands, multiple defendants or if the Seller’s warranty is involved.
