SUBJECT TRONE offers the sale of reinvented toilets (the "Products") to consumer and professional buyers (the "Buyers") presented on its website https://www.trone.paris/fr/toilette-design (the "Site").
SELLER'S IDENTITY AND CONTACT TRONE is a simplified joint-stock company registered with the RCS of Paris under number 833 412 661, with its registered office located at 6 rue des Bateliers 92110 Clichy ("TRONE").
TRONE can be contacted at the following coordinates, especially for any complaints:
Mailing address: 6 RUE DES BATELIERS 92110 CLICHY Phone: +33 1 76 36 17 12 Email: contact@trone-paris.com
CONTRACTUAL DOCUMENTS AND ACCEPTANCE OF GENERAL CONDITIONS
The contractual relationship between TRONE and the Buyer is governed, in descending order of hierarchy, by the following documents: 1/ The estimate (the "Estimate")
It is established based on the Buyer's needs.
Unless otherwise stated in the Estimate, it constitutes a valid sales offer for 30 calendar days from its issuance. Unless otherwise specified in writing by TRONE, in the absence of validation by the Buyer within this period, the Estimate will be deemed expired.
TRONE then reserves the right to propose a new Estimate to the Buyer, which may include modifications compared to the initial Estimate, including pricing changes. Unless otherwise agreed in writing by TRONE, the Buyer can accept the Estimate: - By responding to the email containing the Estimate with the mention "Approval for Estimate No. XX"; - By returning the signed Estimate with the mention "Approval"; - By signing it electronically.
This acceptance constitutes the formation of a sales contract and acceptance of the General Conditions in their version in force on the date of the Estimate.
Any acceptance under reserve is considered null and void. The Buyer who does not accept to be bound by the General Conditions must not place orders for the Products.
In case of contradiction: - the Estimate prevails over the General Conditions. - the most recent Estimate prevails over the older one(s).
2/ General conditions (the "General Conditions")
They define: - The terms and conditions of sale and delivery of the Products. - The respective obligations of the parties.
They are accessible via a direct link at the bottom of the Site. T
They take precedence over any other general or specific conditions not expressly agreed upon by TRONE.
They may be supplemented, if necessary, by specific conditions, which complement these General Conditions and, in case of contradiction, prevail over the latter.
LEGAL CAPACITY OF BUYERS (i) The Buyer is:
- a natural person with full legal capacity, or alternatively, is at least 15 years old or between 13 and 15 years old and has obtained the agreement of their legal representative, and they undertake to provide TRONE with the email address of their representative so that it can contact them; or
- a legal entity acting through a natural person with the power or authorization required to contract on behalf of the Buyer and on their behalf.
(ii) The Buyer has the status of:
- a consumer, understood as any natural person who acts for purposes that do not fall within the scope of their professional activity (the "Consumer Buyer"); or
- a professional, understood as any natural or legal person acting for purposes within the scope of their commercial, industrial, craft, liberal, or agricultural activity, including when acting on behalf of or for the account of another professional (the "Professional Buyer").
PRODUCT CHARACTERISTICS Before placing any order and in accordance with the provisions of Article L111-1 of the Consumer Code, the Buyer can familiarize themselves, on the Site or by any other means that TRONE deems useful, with the characteristics of each Product they wish to order.
TRONE offers for sale two categories of Products described as follows:
- The range of Products is composed of: oo The "plain" model range oo The "original" model range oo The "custom" model range
- The "custom" universes, allowing the creation of a personalized space incorporating a model from the above-mentioned ranges.
The photographs, 3D models, and descriptions of the Products offered for sale are as accurate as possible.
They only bind TRONE for what is specifically indicated. However, the Buyer is informed and accepts that certain characteristics of the Products, particularly their color, may not correspond exactly to the 3D models, photographs presented on the Site or by TRONE, or any document sent by TRONE after the order, due to technical constraints.
The Buyer acknowledges and accepts that TRONE only offers the supply and delivery of the Products, excluding any installation of the Products, which must be carried out by the Buyer or any provider of their choice.
However, TRONE provides the Buyer with all the documentation necessary for the installation of the Products and recommends that the Buyer use a professional to carry it out.
ORDER 6.1. Placing an order Any Buyer wishing to place an order for a Product is invited to provide their contact details, including their email address, telephone number, and delivery city, or to contact TRONE directly at the following email address: contact@trone-paris.com.
TRONE will then contact the Buyer directly to obtain the additional information necessary for the order, to establish the Estimate on this basis, and to communicate these General Conditions to them.
The Buyer guarantees that all the information they provide is accurate, up-to-date, and sincere and is not misleading. They are informed and accept that this information serves as proof of their identity and commits them as soon as it is validated.
The validation of the Estimate by the Buyer under the conditions indicated in the article "Contractual Documents" constitutes the formation of the sales contract.
6.2. Order modification
The Buyer acknowledges and accepts that once the Estimate is validated, the order cannot be modified, subject to TRONE's discretion, (i) payment of additional fees at the Buyer's expense or (ii) a delay in the initially planned delivery time.
The Buyer must accept in writing the revision of the price or delivery time within two weeks from its communication by TRONE.
In the absence of acceptance and payment by the Buyer, the latter will be deemed to have refused to modify their order and will be delivered under the initial conditions of the order. In case of refusal during delivery, TRONE will invoice return fees to the Buyer.
6.3. Order cancellation
6.3.1. By the Consumer Buyer
The Consumer Buyer has a period of 14 days, from the date of receipt of the ordered Products, to withdraw without having to justify reasons or pay penalties, except for the return costs which remain at their expense and which they must pay. When their order concerns several Products delivered separately, the above-mentioned period runs from the receipt of the last Product.
The Consumer Buyer who wishes to exercise their right of withdrawal must send to TRONE at the coordinates mentioned in the article "Seller's Identity and Contact," before the expiration of the above-mentioned period, the withdrawal form attached to these General Conditions duly completed, or a statement clearly expressing their intention to withdraw and including their order number.
The Products must be returned to TRONE in their original packaging, without undue delay and no later than 14 calendar days following the communication, by the Consumer Buyer, of their intention to withdraw. They must be accompanied by a copy of the corresponding purchase invoice. The Consumer Buyer is deemed responsible in case of deterioration of the Products during their return to TRONE.
TRONE may recommend a carrier to the Consumer Buyer to ensure the transport of the Products at the risk and expense of the Consumer Buyer.
The Consumer Buyer will be refunded as soon as possible and no later than 14 days from the effective date of TRONE's receipt of the withdrawal request for the entire amount paid for their order, minus any return costs, which remain at the expense of the Consumer Buyer. However, TRONE reserves the right to defer this refund until the effective recovery of the Products.
The Consumer Buyer is expressly informed and accepts that, when the order concerns one or more Products from the "custom" range or "universal" Products, or if the Consumer Buyer proceeds with the installation of the ordered Products before the expiration of the above-mentioned period, they expressly waive, in these cases, their right of withdrawal, which cannot therefore be exercised, in accordance with Article L.221-28 of the Consumer Code.
6.3.2. By the Professional Buyer
The Professional Buyer has a right of withdrawal if they are a professional with 5 employees or less, (ii) purchases a good or service not within their main activity (i.e. not related to the Products in any way) and (iii) the contract is concluded "outside the establishment", namely:
- in a location other than TRONE's premises, where both TRONE and the Professional Buyer were physically present together and simultaneously (for example: signing the estimate at TRONE's premises),
- at the premises of the Professional Buyer or by means of distance communication, immediately after TRONE has personally and individually solicited the Professional Buyer (i) in a location different from that of the Professional Buyer's premises and (ii) where both TRONE and the Professional Buyer were physically present together and simultaneously (for example: meeting at the Professional Buyer's premises or at a trade show, providing an estimate on this occasion, then signing by the Professional Buyer in their premises (manually or online subscription)),
- during an excursion organized by TRONE to promote its Products.
Outside of these hypotheses, the Professional Buyer cannot cancel their order.
PRICES AND PAYMENT TERMS 7.1. Prices Unless otherwise stated, the sale price of the Products is indicated in euros, all taxes included (French VAT and other applicable taxes) and excluding taxes in the Estimate. The price includes delivery costs, which are the responsibility of the Buyer. These costs were set relative to the delivery address provided by the Buyer. In case of modification of the latter after the validation of the order, TRONE reserves the right to invoice the Buyer additional delivery costs (the "Additional Delivery Costs").
The Buyer acknowledges and accepts that this price includes only the price of the Product, as described in the technical sheet of the Product previously communicated to the Buyer, excluding any other element not provided for by the latter and the delivery costs.
TRONE reserves the right, at its sole discretion and according to modalities of its sole judgment, to offer promotional offers or price reductions.
Attention: Outside the European Union and in the overseas departments and territories, customs duties or local taxes may be payable and may be invoiced to the Buyer upon receipt of the order, in addition to the price paid to TRONE. These duties and taxes, the exact amount of which TRONE cannot determine in advance and therefore cannot inform the Buyer before their order, remain the responsibility of the Buyer, who is solely responsible for the proper completion of any declarations and/or formalities related thereto.
7.2. Payment terms
Unless expressly waived in the Estimate, the Buyer must pay the full amount of the order as provided in the Estimate, including Additional Delivery Costs. In this regard, the Buyer acknowledges and accepts that the delivery of the Product is conditioned on the payment of the full amount of the order.
Payment can be made by bank transfer, online payment via Stripe, or by any other means offered in the Estimate at the time of the order.
The Buyer guarantees to TRONE that they have the necessary authorizations to use the chosen payment method.
7.3. Invoicing
Purchase invoices will be sent to the Buyer by any useful means, especially by email at the address provided during the order.
Invoices are payable upon receipt, and the Buyer must pay their purchase invoice for their delivery to take place.
7.4. Retention of title
TRONE retains full ownership of the Products sold until the full collection of the price, including delivery costs.
DELIVERY 8.1. Delivery location Buyers are expressly informed that TRONE only offers the delivery of Products to the following countries: - Metropolitan France and Corsica, - Countries that are part of the Schengen Area / the European Union
For any other country, it is necessary to contact us directly at contact@trone-paris.com
The delivery of the ordered Products will be made to the address indicated during the Buyer's order as the "delivery address" (which may be different from the billing address). However, it is imperative that the destination country of the delivery coincides with the billing country, in strict compliance with the legal provisions regarding VAT.
If the Buyer wishes to modify the delivery address, they must send a request to TRONE within a maximum period of 7 weeks before the delivery period specified in the Estimate. The latter reserves the right to accept or refuse the modification as well as to charge Additional Delivery Costs if necessary, which must be validated by any written means and paid by the Buyer before the day of delivery.
8.2. Delivery costs
The delivery costs of the Products will be indicated in the Estimate.
Additional Delivery Costs may be charged by TRONE under the conditions described in the article above.
8.3. Delivery time
Delivery is made within the time indicated in the Estimate.
For Professional Buyers, the delivery time is provided as an indication, and TRONE's responsibility cannot be engaged in case of non-compliance.
For Consumer Buyers, in case of non-delivery within the above-mentioned period, the Consumer Buyer may resolve the order, by registered letter with acknowledgment of receipt or by writing on another durable medium, if, after having urged TRONE, under the same conditions, to make the delivery within a reasonable additional period, it has not been carried out in that time.
The contract is considered resolved upon receipt by TRONE of the letter or writing informing them of this resolution, unless it has been executed in the meantime.
In the event of contract resolution according to the above-mentioned modalities, the Consumer Buyer will be refunded the full amount they have paid, including delivery costs, no later than 14 days following the date on which the contract was terminated.
TRONE reserves the right in any case to approach the Consumer Buyer to propose alternative solutions for refunding the price of the Products and delivery costs. The Consumer Buyer must explicitly express their acceptance of the choice of an alternative refund method on a durable medium.
LEGAL GUARANTEES The Consumer Buyer benefits from legal guarantees of conformity and hidden defects in the sold item, including conformity defects resulting from the packaging of the Products ordered on the Site.
If the Consumer Buyer notices that the delivered Product has a defect, a conformity defect, or is damaged, they must inform TRONE at the contact details mentioned in the article "Seller's Identity and Contact" herein, specifying the nature of the defect, non-conformity, or damage observed and providing any relevant evidence, especially in the form of photograph(s).
If the defects were not apparent at the time of delivery, TRONE will arrange with its chosen carrier for the return, and the Consumer Buyer will be informed by any means. TRONE will bear the costs of this return.
The Products must be returned to TRONE in their original packaging (with the wedges to protect them) and on a pallet. In this regard, the Consumer Buyer will send TRONE two photographs: one photograph with the open packaging clearly showing the Products in good condition with the wedges, and one photograph with the closed box placed on a pallet.
The Products must be accompanied by a copy of the corresponding purchase invoice.
Returns of Products not complying with the above-mentioned conditions will not be considered.
TRONE will carry out the necessary checks and will propose to the Consumer Buyer the replacement of the Product if possible. If the replacement of the Product is impossible, TRONE will refund the Consumer Buyer the full price paid for the Product as well as the corresponding delivery costs, by any useful means, as soon as possible and at the latest within 14 days following the date on which TRONE informed them of the impossibility of replacing the Product.
Reminder of the provisions of the Consumer Code:
The consumer has a period of two years from the delivery of the goods to enforce the legal guarantee of conformity in case of a conformity defect. During this period, the consumer only needs to establish the existence of the conformity defect and not its date of occurrence.
The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty days of their request, at no cost and without major inconvenience for them.
If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial warranty
If the consumer requests the repair of the goods, but the seller insists on replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer can obtain a reduction in the purchase price by keeping the goods or terminate the contract by being fully reimbursed 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 goods causes a major inconvenience for the consumer, especially when the consumer permanently bears the costs of recovery or removal of the non-compliant goods, or if they bear the installation costs of the repaired or replaced goods;
4/ The non-compliance of the goods persists despite the unsuccessful attempt to bring the seller into compliance.
The consumer also has the right to a reduction in the price of the goods or the resolution of the contract when the conformity defect is so serious that it justifies an immediate price reduction or contract resolution. The consumer is not required to request the repair or replacement of the goods beforehand.
The consumer does not have the right to cancel the sale if the conformity defect is minor.
Any immobilization period of the goods for repair or replacement suspends the warranty that remained until the delivery of the goods in working order.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.
The seller who obstructs in bad faith the implementation of the legal guarantee of conformity incurs a civil fine of a maximum amount of 300,000 euros, which can be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code). The consumer also benefits from the legal guarantee against hidden defects in accordance with articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the goods are kept or a full refund against the return of the goods.
However, the legal guarantee is notably not applicable if:
- The Consumer Buyer knew or could not ignore the presence of the defect at the time of delivery that makes the Product non-compliant;
- The defect originates from the installation or materials provided by the Consumer Buyer;
- The observed defect does not come from the Product but from improper use of it, use not in accordance with TRONE's or the manufacturer's recommendations, technical specifications, and instructions provided with the Product.
- The defect results from packaging the Product by the Consumer Buyer that is not identical or does not correspond to the characteristics of the original packaging.
COMMERCIAL WARRANTY Buyers benefit from a commercial warranty lasting 2 years from the purchase of the Product (the "Commercial Warranty"). Under this Commercial Warranty, TRONE undertakes to replace or repair the defective part or Product free of charge.
This warranty only aims to cover manufacturing defects and material defects that may affect the proper functioning of the Product under normal conditions of use.
The repair or replacement of the defective part or Product carried out under the Commercial Warranty does not extend its duration.
To benefit from the Commercial Warranty, the Buyer must send a request to TRONE at the contact details mentioned in the article "Company Identification." This request must be accompanied by any useful evidence, especially in the form of photograph(s).
After verification of the supporting documents, TRONE may reject or accept the Buyer's request. In this context, TRONE may, at its sole discretion, recover or not the defective parts or Products and at its own expense.
The Buyer no longer benefits from the Commercial Warranty beyond the aforementioned period.
COMPLAINTS AND RETURNS Upon delivery of a Product, the Buyer must carefully check the contents of the package and ensure its compliance with the placed order.
In case of an apparent defect (including damage, missing or non-compliance with the order) observed at the time of delivery of the Products and resulting from their transport, the Buyer must inform TRONE within 2 working days.
The Buyer must reject any damaged package and notify, within the aforementioned period, via e-mail or by mail, any deterioration to the address indicated in the article "Seller's Identity, Contact." Otherwise, the delivery will be deemed perfect, and any subsequent claim will be rejected. This notification must be accompanied by any useful evidence, especially in the form of photograph(s).
Without prejudice to the provisions set out in the "Legal Guarantees" article, the Consumer Buyer acknowledges that an unconditional acceptance of a Product deprives them of the possibility of relying on any conformity defects if they were apparent at the time of delivery.
The Professional Buyer acknowledges and accepts that an unconditional acceptance of a Product deprives them of the possibility of relying on defects in the Products subsequently identified, of any nature whatsoever, excluding hidden defects.
Returns will only be accepted subject to compliance with the aforementioned provisions and prior agreement from TRONE, as well as the allocation of a return authorization number and sending a carrier label with the address below.
The Products must be returned using this label: TRONE AFTER-SALES SERVICE 6 RUE DES BATELIERS, 92110 CLICHY, FRANCE
The Products must be returned in their condition, original packaging, and on a pallet, and must not show any signs of disassembly, installation, or use. They must be accompanied by the return authorization number provided by TRONE, as well as a Bank Identity Statement of the Buyer.
TRONE reserves the right to refuse any return of Products that have been accepted without reservation and delivered, subject to the provisions concerning the legal guarantee of conformity.
BUYERS' OBLIGATIONS Buyers are solely responsible for the use they make of the Products. It is their responsibility to check the suitability of the Products for their specific needs prior to purchasing said Products.
The Buyer remains responsible for the installation and use of the purchased Products.
The Buyer agrees to use the Products in accordance with the technical specifications provided with the Products.
They must also take the necessary measures to safeguard by their own means the information provided in the installation manual, for which no copy will be provided to them.
TRONE'S RESPONSIBILITY 13.1. TRONE regularly performs checks to verify the operation and accessibility of the Site. In this regard, TRONE reserves the right to temporarily interrupt access to the Site for maintenance reasons. Similarly, TRONE cannot be held responsible for temporary difficulties or impossibilities of access to the Site that have their origin in circumstances that are external to it, force majeure, or disruptions to telecommunication networks.
13.2. TRONE provides the Buyer with no guarantee as to the adaptation of the Products to their needs, expectations, or constraints.
13.3. TRONE cannot be held responsible for the non-performance or delay in the execution of sales contracts due to circumstances external to it or force majeure, as defined in Article 1218 of the Civil Code.
13.4. In the event of damages suffered by the Buyer resulting directly from the Products, such as water damage, the Buyer agrees to report the claim to their insurance within 5 days. The insurance will decide whether to appoint an expert for an assessment to evaluate the damages and determine the causes of the claim.
If the expertise shows that the damages result directly from the Products, TRONE undertakes to compensate the Buyer for the damages suffered covered by its insurance.
13.5. In any case, the liability that TRONE may incur under these conditions is expressly limited to the only proven direct damages suffered by the Buyer.
13.6. For Professional Buyers, except for bodily injury, death, and gross negligence, TRONE's liability cannot be incurred for an amount exceeding the amounts of the prices of the Products.
INTELLECTUAL PROPERTY The photographs on the Site, the catalog, and technical sheets as well as the Products, models, systems, software, structures, infrastructures, databases, and contents of any kind (texts, images, visuals, music, logos, drawings and models, trademarks, database, etc.) operated by TRONE within the Site or marketed or communicated by TRONE are protected by all intellectual property rights or rights of the producers of databases in force. All disassemblies, decompilations, decryptions, extractions, reuses, copies, and more generally, all acts of reproduction, representation, distribution, and use of any of these elements, in whole or in part, without the authorization of TRONE are strictly prohibited and may be subject to legal action.
PERSONAL DATA TRONE follows a personal data protection policy accessible here, which the Buyer is invited to read.
COMMERCIAL REFERENCES The Buyer expressly authorizes TRONE to quote them and to use, if necessary, the reproduction of the Product as commercial references, especially during events or events, in its commercial documents and on the Site, in any form whatsoever and for a duration of 2 years from the order.
The Buyer expressly authorizes TRONE to photograph the Product after its installation to promote it on its Site or any other communication medium.
PROHIBITED BEHAVIORS 17.1. The following are strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down, or prevent the proper functioning of the Site, (ii) any intrusions or attempts to intrude into TRONE's systems, (iii) any diversion of the Site's system resources, (iv) any actions likely to impose a disproportionate burden on its infrastructure, (v) any attacks on security and authentication measures, (vi) any acts likely to harm the financial, commercial, or moral rights and interests of TRONE or the users of its Site, (vii) any practice diverting the Site for purposes other than those for which it was designed, and finally, more generally (viii) any breach of these general conditions or of the laws and regulations in force.
17.2. It is strictly forbidden to monetize, sell, or concede all or part of access to the Site, as well as the information it contains.
17.3. Except with the prior written agreement of TRONE, any commercial exploitation of the Products by Buyers is prohibited, including any resale or distribution for a fee.
17.4. In case of breach of any of the provisions of this article or more generally, of violations of laws and regulations, TRONE reserves the right to take appropriate measures and to take legal action.
MODIFICATIONS TRONE reserves the right to modify these General Conditions at any time. In this case, the applicable conditions will be those in force on the date of the Buyer's order.
LANGUAGE In the event of a translation of these general conditions into one or more languages, the French language will prevail in case of contradiction or dispute over the meaning of a term or provision.
MEDIATION The Consumer Buyer has the right to use a consumer mediator free of charge for the amicable resolution of any dispute arising from the execution of these conditions that would oppose them to TRONE, under the conditions provided for in articles L611-1 and following of the Consumer Code.
For this purpose, they can contact the consumer mediator as follows: - Center for Consumer Mediation of Justice Conciliators (CM2C) - Postal address: 14 rue Saint Jean 75017 Paris - Telephone: 01 89 47 00 14 - https://www.cm2c.net
APPLICABLE LAW AND JURISDICTION These General Conditions are governed by French law.
In the event of a dispute over the validity, interpretation, and/or execution of these General Conditions, TRONE and the Professional Buyer agree that the courts of Paris will have exclusive jurisdiction to judge them, except for imperative procedural rules to the contrary.
Annex - Withdrawal Form
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of: TRONE 6 RUE DES BATELIERS, 92110 CLICHY, FRANCE Telephone: +33 1 76 36 17 12 Email: contact@trone-paris.com
I hereby notify you of my withdrawal from the contract for the sale of the product below: - Buyer's Name: - Buyer's Address: - Buyer's Signature: - Date:
