Terms and Conditions
Last updated: 3rd February 2017
INFORMATION ABOUT US
www.resistub-productions.com is a website operated by the company Résistub Productions SAS, registered under the number 795 051 119 at the RCS La Roche sur Yon (La Roche sur Yon Trade register).
Our registered office is at 34 B Route de Nantes – 85190 Aizenay- France.
Our VAT number is FR 96 795 051 119.
Telephone number: + 33 2 51 45 54 50
1. ORDERING PRODUCTS
1.1 You can place orders for Products with us by following the process outlined on our site. You acknowledge that by placing an order with us you will be under an obligation to pay for the Products in that order if we accept your order.
1.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
1.3 All orders are subject to acceptance by us. We will send you a confirmation e-mail after receiving your payment and this will constitute acceptance by us. The contract between you and us will only be made when we send you this email. We will send a further email when your order has been dispatched.
1.4 Before ordering from us, it is your responsibility to check and determine your full ability to receive the Products ordered. This includes ensuring that the Products ordered will pass freely into your house, they fit in that room, can be transported through the door of your flat or room, stairs and doorways, and there are no other issues that could make delivery more complicated or impossible.
2. AVAILABILITY
2.1 All orders for Products are subject to the availability of those Products and the materials for making the Products. We will inform you as soon as possible after receiving your order if, for any reason, the Products you have ordered are not available or are subject to any delay.
2.2 If we are unable to supply you with a Product, we will inform you of this by email and we will not process your order. If you have already paid for the Product we will refund you the full amount as soon as possible.
3. IMAGES AND SIZING OF PRODUCTS
3.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer will display the colours accurately or reflect the colour of the Products. The Products that are delivered to you may vary slightly from those images.
3.2 Although we have made every effort to be as accurate as possible, the measurements indicated including weights, dimensions and capacities shown on our site are approximate only.
4. PRICES OF PRODUCTS
4.1 The price of any Product will be as quoted on our site.
4.2 The price of any Product may change from time to time, but changes will not affect any order we have accepted.
4.3 The price of a Product includes French VAT but excludes any delivery costs (except for the deliveries in France), which where applicable will be added to the price of the Products and set out as part of the total amount due during the order process.
5. HOW TO PAY
5.1 We accept payment by credit card (Visa, Mastercard, Electron, Maestro, VPAY). You must pay for the Products and any applicable delivery charges in advance of delivery of the Products.
5.2 By submitting an order to us through our site, you are confirming that the payment details provided on your order are valid and correct.
6. DELIVERY
6.1 We offer a delivery service in accordance with the prices shown against each Product on our site. The freight costs are included in the price of the product for the deliveries in France, except if the Customer chooses the "Premium" Delivery : it will pay 20 € VAT incl.
6.2 Please note that we only deliver to countries specified by us. The freight costs are not included in the price for a delivery abroad
- standard delivery: the carrier will unload the shipment from the truck and bring it through your door (either the front door of a house, your garage, or the front door of your apartment unit or business)
6.3 Your estimated dispatch date will be as set out in a dispatch confirmation sent by email. This dispatch date indicates when we expect to send the Products to our delivery partner.
Although we will make every reasonable effort to ensure your Products are dispatched and delivered within the estimated timescales, unfortunately we cannot guarantee that they will not be affected by unforeseen issues affecting us or our delivery partners. If we are unable to meet the estimated dispatch or delivery date, we will contact you with a revised estimated date.
6.4 Your delivery will be completed when we deliver the Products to the address you gave us. If no one is available at your address to take delivery, we will leave you a note with information (phone number) about how to rearrange delivery.
In others cases, delivery appointments can be scheduled directly between buyer and carrier. If you have scheduled delivery and no one is present to receive the order at that time, a redelivery fee will be charged.
If a delivery time was arranged and had to be rescheduled by the carrier due to extenuating circumstances (i.e. Weather related delay, truck breaking down, illness, etc.), RESISTUB PRODUCTIONS is not responsible for compensating the buyer for missed work or loss due to hired help for the originally scheduled time.
If you request a time for delivery that is not within the available time frame the carrier can accommodate within or it is considered after hours, additional charges may apply that would need to be paid prior to delivery. There is no extra charge however for complying with the freight carrier's schedule and availability for delivery.
A legal adult must be present to inspect and sign for the delivery of the order.
The following instructions MUST be followed when your order is being delivered:
6.5 DAMAGE INSPECTION - It is best to completely inspect the contents of each box, regardless of the condition of the outside of the box. Count, open & inspect entire contents BEFORE signing for the shipment!
If damage to the boxes, products and / or shortage is observed, note damaged items and / or shortages on the delivery receipt.
Inspection is not the driver’s responsibility, so please be sure that you are the one making note of the damage on ALL of the driver’s copies of receipts.
Failure to note damages / shortages at the time of delivery releases RESISTUB PRODUCTIONS from all liability; therefore, you are responsible for any replacement costs. Specific notation of damage to the carton and product is required.
If you signed for the carton without notating any damage on the delivery receipt you have signed the goods as “Free and Clear.” A notation of “Subject to Inspection”, “Possible Damage” or anything of a similar nature on the delivery receipt is NOT acceptable and is viewed the same as if it were signed clear. If damage is not specifically notated on the delivery receipt, the freight carrier will not accept responsibility for the damage. That means that we will not be able to provide replacements to you free of charge. You will be responsible for any replacement costs.
A legal adult is required to be present at the time of delivery that is aware of this freight policy and will adhere to it. RESISTUB PRODUCTIONS is not responsible if a minor child is given authority to receive an order in the absence of an adult.
RESISTUB PRODUCTIONS is not responsible if you are unable to get the furniture into your home for any reason. Please be sure you have taken the necessary measurements of your doorways and other access areas prior to purchase.
When you sign the delivery receipt, it is a legal contract that states that you accepted the product in that condition. Please thus take the time to follow these instructions that are provided for your protection.
7. RISK AND OWNERSHIP
7.1 Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
7.2 The Products will be your responsibility from the time that you (or a third party other than the carrier and indicated by you) take physical possession of the Products.
8. CANCELLATION, RETURNS AND REFUND POLICY
8.1 We hope you will be pleased with everything you have bought from us but if you are unhappy with your Products, you can return them to us either in accordance with the terms set out below or as otherwise in accordance with the French legal rights.
9. RIGHT TO CANCEL
9.1 You have a legal right to change your mind and cancel the contract between you and us within fourteen (14) days of delivery of your Products without giving a reason, under the French Code of Consumption (Art. L121-1).
9.2 The cancellation period will expire 14 days, from the day on which you acquire physical possession of the Products (last delivery if the order or the Product is delivered in separate parts).
9.3 To exercise the right to cancel, you must inform us of your decision to cancel your contract with us by making a clear statement (e.g. a letter sent by post or email).
RESISTUB PRODUCTIONS
34 BIS ROUTE DE NANTES
F-85190 AIZENAY
resistub@resistub.com
Items must be packed in their original packaging, in new, unused condition. Any and all related parts and assembly instructions received must be included with the item.
Multiple items such as Bed Room (i.e. bed) or Dining (i.e. Table & Chairs) that are purchased as a set, must be returned as a complete set. We do not accept partial returns for orders.
9.4. All returns MUST BE IN ORIGINAL PACKAGING OR WILL NOT BE ACCEPTED.
Any damages or missing parts that are determined once your item is received back will be assessed and deducted from your refund, so please be sure to repackage your items safely and securely.
Products received as knocked down requiring assembly that you, the buyer have already put together are not eligible for return since doing so voids these terms and conditions and it is no longer considered unused or salable.
Just a note: You are responsible for return shipping fees:
- Small box/package: 30 € VAT excluded
- Big box/package: 100 € VAT excluded
A carrier appointed by RESISTUB PRODUCTIONS will contact directly the buyer to meet an appointment for the collect.
9.5 If you cancel your contract with us, we will reimburse you all payments received from you, less returning shipping cost.
If RESISTUB PRODUCTIONS delivered the wrong item: we will collect the product or send you a shipping label for the return. In this case, we will not charge you any return shipping fee.
9.6 We will make the reimbursement 14 days after the day we receive back from you any Products supplied.
9.7 We will make the reimbursement using the same means of payment as you used for the initial transaction.
9.8 We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the Products resulting from the unfair and/or unreasonable wear and tear of the Product other than what is necessary to establish the nature, characteristics and functioning of the Products. We may make a deduction from any reimbursement (you are entitled to from us) for such loss in value of any Products we supply.
9.9 We will refund you through the payment method used by you to pay.
10.GUARANTEE
10.1 Our products have a 2-year limited guarantee (article L.211-4 and following of the Consumption code and article 1641 and following of the French civil code). Following the French decree dated December 18, 2014:
As a consequence, consumers should be expressly reminded that:
- they can initiate a contentious step on the ground of the warranty of conformity within two years after the products are delivered;
- they can opt between the replacement or the reparation of the product in case of non-conformity, subject to the certain conditions set out by article L. 211-9 of the French Consumer Code;
- they do not have to prove the existence of the lack of conformity within six months after the delivery of the good. This period will be extended to 24 months as from 18 March 2016, except for second-hand goods;
- they can claim for the legal warranty against hidden defects based on article 1641 of the French Civil Code and they can opt for the cancellation of the sale or for a price reduction in accordance with article 1644 of the Civil Code.
10.2 Scope of Guarantee:
(a) This Guarantee covers the defects in material and workmanship,
(b) This Guarantee does not cover the following:
- conditions arising as a result of fair wear and tear, including staining, excessive soiling, abrasion, tears and burns, accidental or wilful damage, negligence, or misuse by you are excluded.
- The cracking of wood due to extreme changes in room humidity or direct heat source (air conditioning and radiators) is excluded.
- The guarantee is non-transferable and valid from the date of original purchase only
10.3 Guarantee Claim Process: To make a claim under the Guarantee, you must follow the following procedure:
(a) Notify us in writing of the Defect within 30 days of the date you discover or ought reasonably to have discovered the defect and send us some pictures,
(b) Provide us with a copy of the receipt as proof of the original date of purchase;
10.4 Remedy & Liability
(a) In the event of a Defect that is covered by the terms of the Guarantee as set forth above, we will provide you with a repaired or replacement item.
(b) Nothing in this clause 10 will reduce your statutory rights relating to faulty or misdescribed goods.
11.PRIVACY POLICY AND COOKIES
11.1 RESISTUB PRODUCTIONS collect personal information from you when you voluntarily submit information directly to us or our website. This can include information you provide when you register to use the site, create an account on our site, correspond with us, purchase products from the site, and subscribe to our email lists. In accordance with the French law about data processing and freedom of 6 January 1978, you have the right to oppose, access, correct or remove data concerning you.
To exercise this right, feel free to send us your request in writing:
RESISTUB PRODUCTIONS – 34 B ROUTE DE NANTES – 85190 AIZENAY- FRANCE
11.2 Our website use cookies. These cookies are essential to make our website work. They enable RESISTUB PRODUCTIONS to move around the site and use its features. Without these cookies, services that are necessary for you to be able to use our site such as accessing secure areas cannot be provided.
12.LAW AND JURISDICTION
12.1 These Terms of Sale are governed by French law. This means that a contract for the purchase of Products made through our site and any dispute or claim arising out of or in connection with it will be governed by French law.
12.2 You can bring legal proceedings in respect of this contract in the French courts. However, if you are a resident abroad, you may also bring proceedings in the country in which you placed the order.