Terms of Sales

Preamble

These conditions of sale are concluded on the one hand between
The company Opéra and Co called Opéra and Co, Simplified Joint Stock Company with share capital of €1,000 whose head office is located at 20 rue Saint François de Paule, registered in the Nice Trade and Companies Register under number 5331 187 094, and on the other hand,
Any natural or legal person wishing to make a purchase on the website https://lachaisebleue.fr/ site managed by SAS Opéra and Co, hereinafter referred to as “the Customer”.

Article 1 : object

These general conditions of sale aim to specify the rights and obligations of the buyer with regard to the products sold in the electronic catalog https://lachaisebleue.fr/, access to which is free and open to any Internet user.
In the event of an effective order, the established contract falls under the distance selling regulations and is subject to French law (in particular articles L121-16 to L121-20 of the Consumer Code).
The product offers and prices contained on the site https://lachaisebleue.fr/ are valid as long as they are visible on the site, while stocks last. S.A.S. Opéra and Co may modify these general conditions of sale at any time, subject to these modifications appearing on the site https://lachaisebleue.fr/. In this case, the applicable conditions will be those in force on the date of the order by the buyer.
These conditions of sale will prevail over any other general or specific conditions not expressly approved by Opéra and Co.
The fact for the Customer to check the box “I have read the general conditions of sale and I adhere to them without reservation”, before proceeding with the secure payment, constitutes an irrevocable acceptance which can only be called into question in the cases provided for in these general conditions of sale under the “right of withdrawal and returns” paragraph. The Customer acknowledges by this act that he has read and understood these conditions and accepts them.
Validation of the order by its confirmation constitutes acceptance by the buyer of the General Terms and Conditions in force on the day of the order, the conservation and reproduction of which are ensured by Opéra and Co in accordance with article 1369-4 of the Civil Code.
The Customer guarantees that he is fully authorized to use the bank card he uses, that it is a personal card and that it is not a fraudulently used card. The Customer must declare that they are at least eighteen years old and have legal capacity, or hold legal authorization, allowing them to access and purchase online. Opéra and Co reserves the right to refuse an order from a customer with whom there is a dispute.

Article 2 : Products

The products presented for sale on the site are each subject to a description by clicking on each product; this description mentions the essential characteristics of the product within the meaning of article L. 111-1 of the Consumer Code.
Handmade products are subject to slight variations in shape, weight, size and colors. The photographs and presentation texts of the products offered in the electronic catalog https://lachaisebleue.fr/ are not contractual and cannot engage the liability of S.A.S. Opéra and Co towards the buyer in the event of an error . The products offered comply with current French legislation. S.A.S. Opéra and Co cannot be held liable in the event of non-compliance with the legislation of the country where the products are delivered. It is up to the buyer or recipient of the products to check with local authorities the possibility of importing or using them. S.A.S. Opéra and Co cannot be held responsible for any accident or damage that may occur in the use of the items sold. The products offered in the catalog https://lachaisebleue.fr/ benefit from the legal guarantee against hidden defects provided for by articles 1641 et seq. of the civil code.

Article 3 : Stores

The Customer can place his order with SAS Opéra and Co on the website https://lachaisebleue.fr/ 24/7. The order process consists of 7 successive steps. Once the product selection has been made, then the basket has been validated, the Customer must:
Clearly identify the selected products with the options indicated on the site;
Indicate the quantities requested if the product has a stock greater than 1;
Identify yourself by entering your email address and password, which are strictly personal, or by providing all the information usually requested for online registration;
Indicate the information necessary for delivery. This concerns in particular the precise delivery address, the telephone number as well as any accessibility restrictions of the place of delivery (building, floor, digital code, etc.) and the billing address if different from the address of delivery ;
Accept the general conditions of sale by checking the box “I have read the general conditions of sale and I agree to them without reservation”. By confirming your order, you accept all of these general conditions of sale made available to you on the site, and acknowledge that you have perfect knowledge of them. This confirmation as well as all the data that we have recorded will constitute proof of our transactions;
All of the products offered are sent by a carrier
Online payment.
Once the payment method has been selected, the Customer must pay for their order on the secure interface, which will firmly and definitively formalize the sales contract that binds them to Opéra and Co.
An email is automatically sent to the customer to confirm the order has been taken provided that the email address indicated in the registration form does not contain an error. The Client must verify the completeness and conformity of the information he provides to Opéra and Co.
Opéra and Co reserves the right to refuse any order for legitimate reasons and, more particularly, if the quantities of products ordered are abnormally high for buyers who are consumers.
Opéra and Co cannot be held responsible for possible entry errors and the consequences in terms of delay or delivery error. In this context, all costs incurred for reshipment will be the responsibility of the customer.
The Customer can be kept informed of the progress of their order at any time by sending an email to: contact@chaisebleue.fr
The archiving of communications and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with article 1348 of the Civil Code.
These communications and invoices may be produced as proof of the contract.

Article 4 : Availability

Opéra and Co undertakes to accept your order under the terms of these general conditions of sale. Opéra and Co will do its best to process all orders within the limits of its available stocks. When you order, you will be kept informed of the availability of the products you wish to purchase. However, if despite our vigilance, the products prove to be temporarily unavailable (out of stock, reissue, etc.) after your order, you will be informed by e-mail. If the products prove to be permanently unavailable (exhaustion of stock, etc.) after ordering, Opéra and Co will automatically cancel your order and you will be informed by e-mail and the amount paid by the Customer for the missing item will be credited within thirty maximum days in his bank account.

Article 5 : Prices

The sales price of the product is that in effect on the day of the order, and taking into account the VAT applicable on the day of the order.
The prices appearing on the product descriptions are expressed in euros including VAT (All Taxes Included) and do not include processing and delivery costs, in accordance with article L. 113-13 of the Consumer Code.
Opéra and Co reserves the right to modify its prices at any time, it being understood, however, that prices cannot be modified once the customer’s order has been placed. It is only once the Customer has paid in full for the product that it becomes the property of the Customer.
In the event of a promotion, Opéra and Co undertakes to apply the promotional price to any order placed during the duration of the promotion.

Article 6 : Payment terms

The products ordered are payable in full upon ordering and in euros.
The information transmitted is encrypted by software and no third party can read it during transport on the network. The Customer guarantees that he has the authorizations that may be necessary to use the payment method chosen by him, when validating the order form.
In the event of non-payment or refusal of payment authorization from accredited organizations, Opéra and Co reserves the right to refuse an order.
By credit card: only credit cards mentioned in the online payment section are accepted. Bank cards issued by banks domiciled outside France must be international bank cards.
Payment is secure through 3D Sécure, with receipt of a code by SMS before confirming the payment.

Article 7 : Deliveries

The risks will be borne by you from the date on which the products ordered have left our premises.
Exceeding this period cannot give rise to any cancellation of the order, to any reduction in the price paid by the buyer, and to any payment for damages, as long as the Customer receives delivery within 30 working days. i.e. 21 working days following confirmation of your order.
The main geographical delivery area is mainland France, Corsica, Monaco and Andorra

Opéra and Co reserves the right to refuse any delivery to post office boxes.
Orders are processed and shipped:
– 48 hours working days if the order is placed before 12:00 p.m. (French time)
– 72 hours working days if the order is placed after 12:00 p.m. (French time) following receipt of payment.
These deadlines apply to any geographical area served daily, they are therefore subject to the accessibility zone and the transport plan. In fact, areas that are difficult to access no longer meet these conditions.
Deliveries are made by a carrier and delivered against signature.
The carrier systematically calls before delivery to agree on a time slot for the customer to be present.
In the event of absence on the scheduled delivery day, the carrier will leave a delivery notice at the delivery address indicated, specifying their contact details so that the Customer can contact them to arrange another delivery date by appointment.
In the absence of news from the customer, the packages are held for five days by the carrier. After this period, the products will be automatically returned to Opéra and Co which reserves the right to reimburse the price, the shipping costs remaining the responsibility of the Customer.
Deliveries are made from Monday to Friday. When ordering it is necessary to report any specific access problem.
Shipping costs are calculated as accurately as possible based on the weight and size of the order. They include packaging, handling, and shipping fees and taxes.
To pay only the delivery costs, you must first pay them by check or bank transfer. Upon receipt of payment, we will return said products to you.
In the event of an abnormal delivery delay compared to the announced deadlines, the Customer must contact Opéra and Co by email or telephone, in order to see if the package is not pending or overdue with the carrier. If applicable, the Customer must make a reasoned protest to Opéra and Co (contact@chaisebleue.fr), within five working days from the scheduled delivery date, in order to open a dispute file or investigation to carry out a search for the package. Delays caused by Opéra and Co will be subject to special treatment by customers.
The Opéra and Co guarantee is strictly limited to replacement within a normal period or reimbursement at our option for products found to be defective or non-compliant, after examination by us.
A delay, even significant, cannot constitute an acceptable cause, neither for refusal of delivery, nor for action for damages of any kind.

Article 8 : Reception – Reservations

The goods delivered will remain the property of Opéra and Co until the Customer has fulfilled all its obligations towards it and in particular until full payment of the price. This retention of title does not prevent the transfer of risks which will be your responsibility from the date on which the products ordered have left our premises.
Upon delivery, Opéra and Co reminds that it is the customer’s responsibility to inspect their packages upon receipt in the presence of the delivery person and to notify any anomaly (damaged package, delivery date that does not comply with the normal delivery service deadlines). , number of packages not in conformity with the order) to the carrier, and to also notify Opéra and Co, within three working days. The Customer will refuse any damaged goods and will notify the carrier. In the absence of reservations, the product is deemed accepted by the Customer and cannot be the subject of any dispute concerning its delivery.

Article 9 : Archiving – Proof

Opéra and Co will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1369-4 of the Civil Code. The computerized registers of Opéra and Co will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

Article 10 : Right to retract

In the context of distance selling (without the simultaneous physical presence of the parties), the Customer has, in accordance with Article L 121-20 of the French Consumer Code, a period of 7 (seven) days from the date of sale. delivery of his order to exercise his right of withdrawal, and return the product to Opéra and Co. Opéra and Co will then reimburse him in full for the sums paid, including the initial shipping costs, within 14 (fourteen) days from the exercise of this right, by credit to his bank account, and without penalty, with the exception of return costs which remain the responsibility of the customer.
The return request must be made by email to the address contact@chaisebleue.fr, specifying their full contact details, the date and reference of the order as well as, if desired, the reason for the return.
Opéra and Co suggests that the customer return their products by Colissimo Suivi or by registered mail and benefit from additional insurance of the market value of the products, guaranteeing, where applicable, compensation for the products up to their value. actual market value in the event of theft or loss of this merchandise. COD shipments are not accepted. In all cases, the return is made at the customer’s risk. It will be the customer’s responsibility to keep all proof of return.
Returned products must not have suffered any damage, in perfect resalable condition, in their original packaging. Opéra and Co reserves the right to refuse, in whole or in part, the reimbursement of any returned, damaged or incomplete product.
At the end of this period of 7 days (seven), the products delivered will be deemed to conform to your order and accepted by you

Article 11 : Guaranty

The photographs in the catalog are as faithful as possible, but cannot ensure perfect similarity with the product offered. They have no contractual value.
Legal guarantee
All products supplied by the professional seller benefit from the legal guarantee of conformity provided for in articles L. 211-4 to L. 211-14 of the Consumer Code and the legal guarantee against hidden defects provided for in articles 1641 to 1649 of the Code civil.
Guarantee of conformity and hidden defects
The Customer benefits from the provisions of the legal guarantee relating to the conformity of the product and hidden defects according to articles L.211-1 to L.212-1 of the Consumer Code, and 1641 to 1649 of the Civil Code.
He must, upon delivery, carry out or have carried out by a competent person any verification enabling him to note, detect or reveal any possible non-conformity of the products and their technical specifications, their defects or their defects.
The Customer undertakes to return any defective or non-compliant item, at no cost to them.
The risks associated with transport for returning the product are the responsibility of the Customer.
In the event of a complaint, the corresponding action must be brought within two years from the discovery of the defect in the event of a hidden defect, and from delivery in the event of non-conformity.
In the absence of a detailed and justified complaint by the Customer within this period, it will be time-barred and will not be able to invoke the existence of a defect and/or non-conformity of the product.
In the event of non-compliance, the Customer has the choice between repairing or replacing the item. If these options are impossible for Opéra and Co to exercise, the Customer can return the item and have the price refunded.
In the event of a hidden defect, the Customer has the choice of returning the item and having the price refunded, or keeping the item and having part of the price returned, as will be arbitrated by experts.
Any deterioration of the products caused by the customer, particularly when the customer does not make normal use of the goods, even minimal, will result in the loss of these guarantees.
Warranty for defective products
The Customer is expressly informed that Opéra and Co is the producer of the products presented on the site https://lachaisebleue.fr/, within the meaning of law no. 98-389 of May 19, 1998 relating to liability for defective products, included in articles 1386-1 et seq. of the Civil Code.
Consequently, in the event of damage caused to a person or property by a defect in the product, only the liability of the producer thereof may be sought by the Customer, excluding the cases of application of article 1386-7 of the Civil Code.

Article 12 : Responsibility

Opéra and Co cannot be held liable in the event of non-compliance by the Customer with the legislation of the country where the products are used or delivered (censorship, prohibition of a title, of an author).
It is the customer’s responsibility to check with local authorities all possibilities for importing or using the products ordered.
Opéra and Co in the online sales process is only bound by an obligation of means. It cannot be held liable for any damage resulting from the use of the Internet network.

Opéra and Co will not be liable in the event of non-performance of the contract (in particular late delivery) due to unforeseeable, insurmountable circumstances beyond its control, particularly in the nature of force majeure.

Article 13 : Intellectual property

All elements of the site https://lachaisebleue.fr/ are and remain the intellectual and exclusive property of Opéra and Co. No one is authorized to reproduce, exploit, rebroadcast, or use for any reason whatsoever, even partially, elements of the site whether editorial or visual. Texts, comments, works, illustrations and images contained in the online store are protected by copyright.
As such and in accordance with the provisions of the Intellectual Property Code, only private and free representations carried out exclusively within a family circle and copies or reproductions strictly reserved for the private use of the copyist and not intended for collective use are authorized. .
In the absence of prior authorization communicated in writing by Opéra and Co, any other use constitutes counterfeiting and is punishable by the Intellectual Property Code, exposing offenders to legal proceedings.
The reproduction, representation, exhibition to the public, commercial exploitation in any capacity whatsoever, and/or resale of the products, are strictly prohibited, except with the prior written agreement of Opéra and Co. The Customer who ignores the this article would contravene copyright (which remains the sole owner) and the Customer would be responsible.

Article 14 : Computing and Freedom

The information collected by Opéra and Co during the order is subject to computer processing intended for the management of the transaction. The data collected is confidential and Opéra and Co undertakes not to communicate the customer’s contact details to a third party.
In accordance with articles 38 and 39 of the law “Informatique et Libertés” of January 6, 1978, modified by the law of August 6, 2004, the Customer has a right of access and rectification of data which concerns him, right that he can exercise this by sending an e-mail to contact@chaisebleue.fr. The Customer may also, for legitimate reasons, object to the processing of data concerning him or her.

Article 15 : Litigation

In the event of a dispute between you and Opéra and Co, our objective is to offer you a neutral and inexpensive method to resolve it quickly. Before initiating legal proceedings, we strongly encourage you to contact us first to find a solution: by email at contact@chaisebleue.fr. We will consider reasonable requests to resolve a dispute through alternative procedures, such as mediation.
These General Conditions of Sale, and all acts resulting from them, are subject to French law. In the event of a dispute, or dispute relating to the application or interpretation of these General Conditions of Sale, the competent Courts are determined by the rules of jurisdiction applicable to contractual matters.
These general conditions of sale are subject to French law. All disputes relating to the commercial relationship existing between you and us are subject to the exclusive jurisdiction of the French courts.

Article 16 : General

In the event that one of the terms appearing in the General Conditions of Sale is considered illegal or inapplicable, the other stipulations of these General Conditions of Sale will remain in force. The titles of the different articles appearing in these General Conditions of Sale are purely indicative and do not necessarily determine precisely the content of the articles to which they refer. Our failure to react to a violation of these General Conditions of Sale, by you or a third party, will in no way affect our right to react in the event of a subsequent or similar violation. We do not guarantee that we will take action for all violations of these General Conditions of Sale.
These General Conditions of Sale constitute the entire agreement concluded between us concerning their subject matter. The provisions referred to in the articles entitled Liability, Dispute Resolution remain applicable after the termination or expiry of these General Conditions of Sale, as well as all provisions which should reasonably survive the end of the contract.