The present conditions govern sales on Yan & Tom’s internet store www.yan-tom.fr to buyers who are consumers. These conditions apply to the exclusion of all other conditions, in particular those in force for physical sales outside the website.

The General Terms and Conditions of Sale are available to consumers on the seller’s website, where they can be consulted directly. They can also be sent to consumers on request by telephone, e-mail or post.

The validation of the order by its confirmation implies the buyer’s acceptance of the GCS in force on the day of the order, the conservation and reproduction of which are ensured by the professional seller in accordance with article 1127-2 of the Civil Code (former C. civ., art. 1369-4).

The professional seller reserves the right to modify its GTC at any time.

In the event of modification of the GTCS, the applicable GTCS are those in force on the date of the order, a copy of which, dated to that date, can be given to the consumer on request.

The nullity of a contractual clause does not entail the nullity of the present terms and conditions.

I. OFFER
Period of validity: Offers on the site are valid while they are online. Territorial scope: Offers are valid for all purchases made online and for delivery in Metropolitan France. Other countries and destinations: please contact us.

II. PRODUCTS
The products offered for sale under the heading “Collection” published on the site are each described in terms of their essential characteristics within the meaning of article L. 111-1 of the French Consumer Code.

When you buy our products made from wood, which is a living material, you also accept the variations that make up its charm and character, and which cannot be considered defects: colors, knots, deformations and other unique grain patterns. Product images are non-contractual and each product is different in its variations of colors, knots, deformations and other unique veining.

Wood is a hygroscopic material that absorbs and loses moisture to adapt to the ambient air in which it is placed. It expands or shrinks accordingly. To minimize distortion and cracking, all parts should be stored indoors. Air humidity must not be below 40% or above 70%. Humidity outside this range is not optimal and may cause damage to parts.

III. VALIDATION
When you click on the “Order” button after the order process, you declare, by ticking a box provided for this purpose, that you have read all of these General Terms and Conditions of Sale and accept them fully and without reservation.

The data recorded by the store “Yan & Tom” www.yan-tom.fr constitute proof of all transactions between the store “Yan & Tom” and its customers.

IV. AVAILABILITY
Some products may require longer lead times, if this is indicated on the product sheet.

All products on the site are available and our offers are subject to availability.

Should one or more Products be temporarily or permanently unavailable, Yan & Tom will make its best efforts to update its site. Yan & Tom cannot be held responsible for the unavailability of one or more Products.

If a product is unavailable after you have placed your order, we will inform you by e-mail within 48 hours (working days). You can then request the cancellation of your order or the exchange of the missing product(s). Apart from reimbursement of the price of the unavailable product, the seller is not liable to pay any compensation for cancellation, unless he is personally responsible for the non-performance of the contract.

V. CONTRIBUTION TO SHIPPING AND HANDLING COSTS
Additional transport and delivery costs are to be borne by the Buyer, who may have been informed of them prior to ordering, and are set out on the order form.

VI. PROCESSING AND DELIVERY TIME FOR YOUR ORDER
To place an order, the Consumer, after having filled his/her virtual basket with the products selected and the quantities desired, then clicks on the “Order” button and provides the information relating to delivery and method of payment.

Before clicking on the “Confirm order” button, the Consumer can check the details of his/her order and its total price, and return to the previous pages to correct any errors or modify his/her order.

Your orders are processed from Monday to Friday inclusive. Please note that some products require a manufacturing time indicated on the product sheet when ordering.

This lead time depends on the nature of the product:

Type of product	Manufacturing
Small and medium-sized items	10 to 25 working days
Furniture and lighting	4 to 10 weeks

The boutique “Yan & Tom” undertakes to do its best to respect the manufacturing deadlines, which are purely indicative.

Shipments take place within 3 working days of completion of product manufacturing. Once your order has been placed, it will be delivered within 2 to 3 working days in mainland France, excluding postal delivery problems and subject to product availability. These delivery times are purely indicative and are not contractually binding. The Seller and its delivery service provider undertake to use all means at their disposal to ensure that the delivery times indicated are respected, without however being able to be held responsible for any delay in delivery.

For destinations and countries outside mainland France: please contact us.

Although every precaution is taken in packing our parts, our company cannot be held responsible for any damage resulting from transport. Any claim for damage to or loss of goods during transport must be made directly by the purchaser to the carrier within the time limits laid down by law, irrespective of the mode of transport or the method of payment of the transport price.

Products are delivered to the address indicated by the Customer on the order form.

VII. WITHDRAWAL AND RETURN PERIOD
The withdrawal period granted to the customer on the purchase of goods, under the law, is 14 (fourteen) clear days, from the date of receipt of his order. During this period, the customer may return the unsuitable product(s) at his own expense, without further penalty. The customer will then be reimbursed for the sums paid in return for the reshipment of the product(s). It is understood that the product(s) returned by the customer must be in good condition, as delivered by Yan & Tom.

No returns or exchanges will be accepted for any special, personalized or customized orders requested by the Buyer.

During the withdrawal period, the Buyer shall take the utmost care of the products and their packaging. The Buyer shall not unpack or use the products. If the customer wishes to exercise his right of withdrawal, he must return the products, with any accessories (notices, documentation, etc.), and if possible in their original condition and packaging, to the following address:
YAN & TOM
419 avenue de Lattre de Tassigny
13870 Rognonas FRANCE

In order to process your request, we kindly ask you to specify your first and last name, address, date and order number. We will not be able to take into account any incomplete request. It is reminded that the responsibility of the customer, in the event of withdrawal after use of the goods, is committed with regard to the depreciation of the goods resulting from handling other than those necessary to establish the nature, the characteristics and the correct operation of these goods. According to the European Commission, these manipulations are those that a consumer can carry out in a store, for the goods offered for sale there.

In the event of withdrawal by the customer, the latter must bear the direct cost of returning the goods. Insurance for fragile Products and shipping precautions similar to those provided for the initial shipment must be taken in connection with the Consumer’s reshipment.

The company may defer reimbursement until receipt of the goods ordered, or until the customer has provided proof of shipment of the goods, whichever comes first.

VIII. CONFORMITY OF DELIVERED PRODUCTS
On receipt of the order, the customer has 3 working days to check the conformity of the product delivered. All claims must be sent to Yan & Tom by :

Telephone: 06 50 70 88 15
Registered letter :
YAN & TOM
419 avenue de Lattre de Tassigny
13870 Rognonas FRANCE
Email to contact@yan-tom.fr
If no complaint is received within the specified period, the products delivered will be deemed to be in conformity and accepted by the customer.

No return will be possible without the written agreement of Yan & Tom.

No product will be exchanged or refunded before receipt of the returned product, in its original packaging and in good condition, as delivered by Yan & Tom.

IX. RESPONSIBILITY

Yan et Tom cannot be held responsible for any misuse of the products or for any modifications made to the products by the manufacturers. Yan et Tom’s liability shall in any event be limited to the amount of the order and shall not be incurred for simple errors that may have occurred despite all the care taken in the presentation of the products. In no event shall Yan et Tom be liable for any indirect or consequential damages or for any damages that could not have been foreseen at the time the order was placed. Neither the photos, illustrations nor product sheets are binding on Yan et Tom. This information is provided for information purposes only. The Buyer agrees to carefully read the instructions provided by Yan & Tom, if any, on or in the product packaging.

X. COPYRIGHT AND INTELLECTUAL PROPERTY
According to the provisions of the French Intellectual Property Code (articles L.121-1 et seq.), the moral right to a creation (including the right of disclosure, the right to respect for the work and the right of withdrawal) is attached to its creator in a perpetual and imprescriptible manner.
These rights may include in particular the right of reproduction, the right of representation, the right of modification and the right of exploitation. Any representation or reproduction, in whole or in part, made without the consent of the author or his successors in title is illegal and punishable under the laws governing counterfeiting. The same applies to adaptation or transformation, arrangement or reproduction by any art or process whatsoever.
The totality of the rights relating to the Products, objects of the order, remains the whole and exclusive property of the SARL “YAN & TOM”.

XI. LEGAL WARRANTY OF CONFORMITY AND WARRANTY AGAINST HIDDEN DEFECTS
All products supplied by the seller benefit from the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the French Consumer Code (C. consom., L. 211-4 to L. 211-14) or the guarantee against hidden defects provided for in articles 1641 to 1649 of the French Civil Code.Implementation of the guarantee of conformity:When acting under the legal guarantee of conformity, the Consumer :

– has a period of two years from the date of delivery of the property to take action;

– may choose between repairing or replacing the good, subject to the cost conditions stipulated in Article L. 217-9 of the French Consumer Code (formerly C. consom., art L. 211-9);

– is exempt from proving the existence of the lack of conformity of the good during the TWENTY-FOUR (24) months following the delivery of the good, except for second-hand goods where the period is SIX (6) months.

Application of the warranty for hidden defects

The consumer may decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code. In this case, the customer may choose between rescission of the sale or a reduction in the purchase price in accordance with article 1644 of the French Civil Code.

XII. PAYMENT AND CONFIDENTIALITY
1 – Price list

In accordance with article L. 112-1 of the French Consumer Code (formerly C. consom., art. L. 113-13), the prices of our Products are indicated, for each of the products appearing in the electronic catalog, in euros including all taxes, excluding delivery and transport costs mentioned before validation of the order and invoiced in addition. The taxes applied will be those in force at the time of the order, as indicated on the invoice and on the order confirmation sent by e-mail.

All orders, regardless of the Buyer’s domicile, are payable exclusively in euros.

Prices are set by Yan & Tom and may be changed at any time, without affecting orders already placed.

Communications, order forms and invoices are archived on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with article 1360 of the French Civil Code (former C. civ., art. 1348). These communications, order forms and invoices may be produced as proof of the contract.

2- Payment terms and methods

Orders for Products are paid for in cash, by credit card or any other means of payment available at the time of Purchase, and validation of the order is subject to full payment.

With regard to credit cards, our site is subject to a security system. Entering your bank details is secure. The information you enter (card number and expiry date) will be encrypted and will not circulate unencrypted on the Internet. All sensitive payment data is protected. You must pay in full when ordering.

Payment on delivery is not possible.

The Vendor remains the owner of the products sold until full payment of the price, and the Consumer undertakes, until ownership is transferred to him, to take all useful precautions for the proper preservation of the Products.

3 – Confidentiality of your personal data

Yan & Tom takes great care to protect your personal data and makes every effort to respect this right. Right of access and rectification: In accordance with the French Data Protection Act of January 6, 1978, you have the right to access, rectify and object to any personal data concerning you. To exercise this right, simply send us a request by e-mail to contact@yan-tom.fr or by post, stating your full name and address.
YAN & TOM
419 avenue de Lattre de Tassigny
13870 ROGNONAS

E-mail: E-mail addresses are for Yan & Tom’s use only. No e-mail address is sold, given, transferred or exchanged. Other information: When you place an order or request a catalog, we record certain data (surname, first name and postal address) in order to process your request.

XIII. APPLICABLE LAW – DISPUTES
This contract is governed by French law. The language of this contract is French. In the event of a dispute, the court with territorial jurisdiction over the registered office of “YAN & TOM” shall have sole jurisdiction. Dispute resolution: We are at your disposal to help you resolve any disputes that may arise. You can contact us by post or e-mail:

YAN & TOM
419 avenue de Lattre de Tassigny
13870 Rognonas
contact@yan-tom.fr

XIV. COMPETENT JURISDICTION
The conditions of sale are governed by French law. Any disputes that may arise between the parties concerning, among other things, the validity, interpretation, performance or termination of the contract shall be finally settled by the competent court having territorial jurisdiction over the registered office of “YAN & TOM”.

I. GENERAL PROVISIONS
The customer declares that he/she has read the general terms and conditions of service and accepts them unreservedly. The present general conditions establish the contractual conditions exclusively applicable to the provision of services by the company “YAN & TOM” to its consumer or non-professional customers. The nullity of a contractual clause does not entail the nullity of the present terms and conditions. The service provider reserves the right to modify its general terms and conditions at any time, subject to informing customers individually, who will be presumed to have accepted the modifications unless they express their disagreement within FIFTEEN (15) days. The general terms and conditions applicable are those in force on the date the order is placed by the customer.

II. PRE-CONTRACTUAL INFORMATION
The customer acknowledges having received from the company “YAN & TOM”, the pre-contractual information provided for in articles L. 111-1 and R. 111-1 of the French Consumer Code and articles L. 111-2 and R. 111-2 of the French Consumer Code.

III. ESTIMATE
Services for which the price cannot be calculated in advance can be quoted in advance. The quotation is drawn up for a limited period of FIFTEEN (15) days, and its acceptance by the customer constitutes the definitive conclusion of the contract. As orders are final and irrevocable, any request by the customer to modify the service ordered must be submitted to SARL “YAN & TOM” for acceptance. SARL “YAN & TOM” reserves the right to unilaterally modify service prices at any time, particularly in the event of an increase in the cost of raw materials.

IV. PAYMENT
A deposit of FIFTY (50) PERCENT must be paid when the order is placed, and the balance of the price must be paid when the service is provided, unless special conditions are expressly stipulated. Any sum not paid on the due date will be subject, without prior notice, to legal interest.

V. PERFORMANCE OF THE CONTRACT
The lead times given on the quotation are purely indicative. SARL “YAN & TOM” undertakes to do its utmost to provide the customer with a provisional schedule for the execution of the work, as from acceptance of the quotation. The customer declares to be informed of the provisions of articles L. 216-2 and L. 216-3 of the French Consumer Code and exempts SARL “YAN & TOM” from reproducing them. SARL “YAN & TOM” undertakes to provide a service that complies with current legal and contractual requirements. The customer must take receipt of the work, check its conformity and declare acceptance. If the work has been carried out on an item of movable property supplied entirely by SARL “YAN & TOM”, acceptance transfers ownership, subject to full payment of the price. Acceptance can be tacit and result from taking possession of the property, the object of the work.

VI. BREACH OF CONTRACT
Neither party shall be liable for any delay or failure in the performance of its obligations due to force majeure. The service provider may be held liable for material damage caused to the other party as a result of errors attributable to it in the performance of its services. Under no circumstances may the service provider be held liable for damage caused to the beneficiary of the service as a result of use of the service or the object of the service which does not comply with the service provider’s instructions and good practice.

VII. RESOLUTORY CLAUSE
In the event of failure by the beneficiary of the service to meet any of its obligations and fifteen days after formal notice to perform this obligation within a reasonable time, “SARL YAN & TOM” may request the termination of the contract without prejudice to damages. Termination of the contract shall be declared by registered letter with acknowledgement of receipt and shall be automatic without any legal formalities. The deposit paid with the order will be retained as compensation.

VIII. COPYRIGHT AND INTELLECTUAL PROPERTY
According to the provisions of the French Intellectual Property Code (articles L.121-1 et seq.), the moral right to a creation (including the right of disclosure, the right to respect for the work and the right of withdrawal) is attached to its creator in a perpetual and imprescriptible manner. These rights may include in particular the right of reproduction, the right of representation, the right of modification and the right of exploitation. Any representation or reproduction in whole or in part without the consent of the author or his successors in title is illegal and punishable under the laws governing counterfeiting. The same applies to adaptation or transformation, arrangement or reproduction by any art or process whatsoever. Notwithstanding the foregoing, the totality of the production and related rights, which are the subject of the order and appear on the quotation, remain the full and exclusive property of SARL “YAN & TOM”. Unless otherwise stated on the quotation, production files and sources remain the exclusive property of SARL “YAN & TOM”, which remains free to use them and make copies as it sees fit.

IX. PERSONAL DATA PROCESSING
The computerized processing of personal data collected is intended for the purposes of contract execution and invoicing. This data is not transferred to any country outside the European Union. In accordance with the French Data Protection Act, you have the right to access, rectify and, subject to the applicable legal provisions, delete any data concerning you. The data controller is Mr Yanis BURCKBUCHLER.

XI. SETTLEMENT OF DISPUTES
All complaints should be addressed to the company’s customer service department at the following address: 419 Av. de Lattre de Tassigny | 13870 Rognonas. The court with territorial jurisdiction is the court with jurisdiction over the registered office of the company “YAN & TOM”.