General Terms and Conditions

DESIGNERBOX / General Terms and Conditions

 

Preamble

ICONIC PRODUCT COLLECTION (hereinafter IPC”) is a company which specialises in offering for sale and selling online design and decorative objects. IPC offers several types of services via its web site, designerbox.com (hereinafter “the Web Site”).

These General Terms of Sale govern the activities of IPC which are operated on the Web Site of designerbox.com, to wit:

-    Sending out, each month, a box containing innovative decorative objects or products, whose aim is to introduce a designer selected by IPC to those persons who have signed a subscription contract (hereinafter the “Box Sending Service”),

-    Retailing decorative objects or products to anyone, without subscription (hereinafter the “Retail Sales Service”).

These services are available on designerbox.com (hereinafter “the Web Site”).

Anyone who has signed a subscription contract for the Box Sending Service and/or has placed an order with the Retail Sales Service for products in keeping with the terms that are set out below shall be known as a “Client”.

These General Terms and Conditions are available on this Web Site in French only and are accessible by Clients at the time of the registration of their subscription to the Box Sending Service and/or when they place an order with the Retail Sales Service.

The Client may save these General Terms and Conditions and print them out.

They shall be governed by French law and by the prevailing French standards.

These General Terms of Sale determine the respective rights and obligations of IPC and the Clients (hereinafter jointly “the Parties” and individually a “Party”) as part of the sale of the products and services to the Clients of the designerbox.com Web Site.

Any order that is placed on the designerbox.com Web Site implies acceptance of these General Terms and Conditions, which the Client acknowledges having become acquainted with, having understood and having accepted in full awareness of the circumstances. 

IPC shall be entitled to modify these General Terms of Sale at any moment in time, without notice, in keeping with the terms of article 23 below.

1 – Presentation and contact details of the Company

The designerbox.com Web Site is published by Iconic Product Collection SAS, a French limited liability company with share capital of 177.800 euros whose registered address is 2 rue de la Lune, 75002 Paris, France, and which is registered in Paris, France under no. 790 171 193 – EU VAT number: FR 43 790171193.

Clients may contact IPC or the designerbox.com Web Site by sending an e-mail to the following address: customer@designerbox.com and also consult our FAQ (Frequently Asked Questions) section on designerbox.com website. 

2 – Legal capacity 

The Client declares that he is of age and has full capacity to enter into a binding contract.

3 – Geographical area

The products and services of the Box Sending Service are offered on the Web Site in 2 languages (French and English), for delivery mainly in this countries: Germany, Belgium, Spain, France, Monaco, The Netherlands, United Kingdom. All delivered countries are listed on the site when ordering.

For logistical reasons, subscriptions to the Box Sending Service or orders placed with the Retail Sales Service by Clients located outside these geographical areas shall not be taken into consideration. 

4 – Availability and access to the service

The Services offered via the Web Site are normally accessible to Clients around the clock, 7 days a week and all year round, except in case of maintenance or voluntary or involuntary interruption, regardless of the cause. IPC, which shall have an obligation to deploy the requisite resources in order to achieve the stated goals of its activity, hereby disclaims liability for any loss or damage whatsoever resulting from an unavailability of the Web Site.

5 – Orders

When a Client confirms his subscription to the Box Sending Service or his order placed with the Retail Sales Service by clicking on “Confirm payment” (hereinafter “the Order”), he implicitly acknowledges being aware of the content and the terms of the order and of these General Terms of Sale and that he accepts them without any exception or reservation.

IPC shall subsequently confirm this order by sending out an e-mail to the Client to the e-mail address indicated by the latter.

IPC shall be entitled to suspend the delivery of an order in case of a failure to pay or in case of partial non-payment of any sum of money that is due by the Client, in case of a payment default, or in case of fraud or attempted fraud involving the use of the Web Site, including in the course of prior Orders.

IPC shall not be liable in case of an error committed by the Client in the course of inputting his e-mail address, or in case of non-receipt of the Order confirmation e-mail. Should this be the case, the sale shall be considered as having completed, save in case of cancellation of the order by IPC, for instance due to unavailability of the products. The Client may nevertheless exercise his right to withdraw from the sale in keeping with the terms of article 10 of these General Terms of Sale. 

6 – Terms governing subscriptions to the Box Sending Service

The Box Sending Service involves the sending, each calendar month, of a box containing a unique object/product, designed specifically by a designer for the Clients of IPC (hereinafter the “Box”).

There are two ways to subscribe to the Box Sending Service:

         - personal subscription (for oneself), with monthly or on-off payment (6.1),

         - gift subscription for a third party, with one-off payment (6.2).

In both cases, IPC proposes three (3) different durations of subscriptions to the Box Sending Service: free subscription, six (6) months or twelve (12) months subscription for the personal subscription. Two (2) months, four (4) months, six (6) months or twelve (12) months for gift subscription for a third party. Each of these durations is matched by a different monthly fee and a one-off subscription fee, which are posted on the Web Site at the time of placing the order.

The Box Sending Service offered by IPC can only be subscribed to via the Web Site.

In order to enable IPC to administer and manage the Box Sending Service efficiently, the Client must fill in a form setting out his personal data and/or the personal data of the third party to whom he shall have decided to offer a subscription to the Box Sending Service. The Client must check the accuracy and the compliance of the information provided to IPC. The latter hereby disclaims liability for the consequences of any inaccurate data or errors in keying in data.

The contract between the Client and IPC shall only be formed when the Client receives a payment confirmation e-mail sent by IPC, bearing in mind however that in the case of a personal subscription with monthly payment (6.1), any failure by the Client to pay a single monthly instalment may lead to the rescission of the subscription due to the Client’s exclusive fault and at his sole expense.

In case of a payment default, the Box Sending Service shall be suspended automatically. IPC shall inform the Client by e-mail and the latter shall have 1 month to rectify his position. The box concerned by this suspension shall not be sent out unless IPC decides to do so as an exception, and the Client shall receive the one for the following month provided that the situation has been remedied, the subscription being then extended by one month.

Should the payment default not be remedied within one month, IPC may, at its sole discretion, bring proceedings in order to secure full payment of the moneys that are due while suspending the delivery of the Box until the situation has been set right.

Upon expiry of this timescale of one month, if payment is still not forthcoming, IPC may also, at its sole discretion, rescind the contract as of right 30 days after sending a summons to the Client to perform its obligations by registered post with acknowledgement of receipt which is not acted upon.

In all cases, the Client shall still owe IPC the balance of the monthly instalments due for the chosen subscription period (excluding delivery costs), as penalties if the contract is rescinded as of right as set out above.

The Client shall be informed about the delivery date of the first Box (which may be in the month during which he shall have subscribed to the Box Sending Service if subscription made before the 21st at midnight of the current month (Paris time), or the following month if subscription made from the 22nd of the current month), in the order confirmation e-mail, subject to payment.

         6.1. Personal subscription with monthly payment:

A personal subscription (for oneself) involves the Client subscribing to the Box Sending Service for a free period (no minimum duration) or fixed period of time of six (6) months or twelve (12) months (hereinafter the “Subscription Period”). The duration of the Subscription Period must be chosen at the time of the Client’s subscription to the Service. The Subscription Period that is chosen shall be implicitly renewable for an identical term to that of the Subscription Period that is under way at the time, i.e. one (1) month, six (6) months or twelve (12) months, until one of the Parties decides to put an end to this contract (see 6.4, Unsubscribing).

By accepting this offer, the Client expressly authorises IPC to debit a sum agreed upon placing the order from his account, monthly. Thus, after the payment of the first monthly instalment on the date of the Order, the Client’s account shall be debited by the predefined sum of money automatically each month, at the start of the month, throughout the Subscription Period.

Upon subscribing to the Box Sending Service, the Client may opt to make an one-off payment corresponding to the total sum of his subscription to the Box Sending Service [instead of monthly payments].

The Client can't modify his subscription, set out under the article concerning the modifications of these General Terms and Conditions (6.3).

The Client may terminate his subscription at any moment in time in keeping with the terms that are set out in the article concerning  unsubscribing in these General Terms of Sale (6.4).

         6.2 – Subscribing to the service as a gift, with a one-off payment

The Client may subscribe to the monthly Box Sending Service on behalf of a third party for a fixed period of time of two (2) months, four (4) months, six (6) months or twelve (12) months, (hereinafter the “Subscription Period”), without implicit renewal. Payment for this subscription shall be made in just one go, upon subscription.

         6.3 – Modification of the duration of a subscription

Clients who subscribe to the Box Sending Service on behalf of a third party (6.2), by way of a one-off payment, cannot modify the duration of the Subscription Period.

Clients who subscribe to the Box Sending Service on their own behalf (6.1) can't modify the duration of the Subscription Period.

         6.4 – Implicit renewal – Unsubscribing

Personal subscriptions with monthly payment are implicitly renewable in keeping with the terms of article 6.1. However, the Client may at any moment in time cancel the automatic renewal of his subscription by sending an e.mail to customer@designerbox.com or to connect to « my subscriptions » in «MY ACCOUNT» on the designerbox.com website.

Either the unsubsciption is done on the website before the 9th of the current month to be effective the current month, or after the 9th of the current month to be effective the month after.

Once the personal subscription deadline with a monthly payment shall have expired (six months or twelve months period), the contract shall be renewed for a free period of time. And so on and so forth until the Client decides to put an end to his subscription.

The Client may also be unsubscribed from the Service by IPC in accordance with the terms of article 13 concerning the deactivation of a Client account.

7 – Terms governing the Retail Sales Service

IPC also offers, via the Web Site, a Retail Sales Service. The products that are offered for sale are those featuring on the Web Site and shown as being available on the date on which the Client accesses the Web Site. Given that these products are produced in limited quantities and are destined in priority for Clients who subscribe to the Box Sending Service, they shall only be proposed for Retail Sale subject to availability. In case of unavailability of one of the products, the Client shall be informed of this by a statement on the Web Site. IPC hereby disclaims liability for any stock outage or unavailability of the products.

Preferential rates shall be extended to Clients who have taken out one of the subscription formulas before they buy a product as part of the Retail Sales service.

Payment for the products must be made in just one go, and the Client shall receive the product that he ordered within 10 days following the payment date.

8 – Rates and payment for the products and services on sale on the Web Site

In the case of monthly payment, payment for the products and services must be made by business card (Carte Bleue, Visa, Mastercard), by American Express, whether as a direct payment or direct debit, subject to the specific terms (monthly direct debit) that apply to personal subscriptions that are paid monthly as set out in section 6.1 above.

In the case of one-off payments, payment for the products and services may be made by business card (Carte Bleue, Visa, Mastercard), American Express,  cheque or bank transfer, as a direct payment, subject to the specific terms (monthly direct debit) that apply to personal subscriptions or subscriptions on behalf of third parties, with a one-off payment as per sections 6.1 and 6.2 above.

IPC shall be entitled to limit these modes of payment depending on the geographical area in which the Client is based. Payments made by bank card via Paybox, the online payment partner of IPC, shall be secured by a data encryption process so as to avoid interception of this information by a third party.

IPC hereby disclaims liability for fraudulent use of the methods of payment used.

In accordance with current rules and regulations, the bank account details of the Clients shall not be retained by IPC.

IPC shall be entitled to modify the rates charged for the products and services that are available on the designerbox.com Web Site. The modifications shall only apply to future subscriptions to the Box Sending Service or future orders placed with the Retail Sales Service; any Orders that are already paid for and any subscriptions that are under way shall not be affected by the changes in the rates.

         8.1 Rates and payment for the monthly Box Sending Service

The rates for the monthly Box Sending Service shall be those that are shown on the Web Site at the time of placing the order; they shall be quoted including tax, but excluding the delivery costs which shall depend on the Client’s geographical location and the delivery option that he chooses. These delivery costs shall be invoiced over and above the rates that are quoted for the Service and shall be disclosed to the Client upon confirmation of the Order.

         8.2 Sales prices and dispatching for Retail Sales

The prices of the products offered as part of the Retail Sales Service shall be quoted in euros, including VAT at the rate that is applicable on the date of the Order.

A preferential rate shall be offered to Clients who have subscribed to one of the subscription formulas prior to purchasing a product as part the Retail Sales service.

Unless the Web Site provides otherwise (promotion, perk, etc.), the delivery costs shall not be included in the sale price.

The Client shall receive a payment confirmation e-mail pursuant to the confirmation of the Order.

9 – Delivery of the products

The Box Sending Service and the Retail Sales service shall be available solely in the geographical area mentioned in the article entitled “geographical area”, i.e. mainly in the Member States of the European Union and of the European Economic Area: Germany, Austria, Andorra, Belgium, Bulgaria, Denmark, Croatia, Spain, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Iceland, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, Norway, The Netherlands, Poland, Portugal, Czech Republic, Romania, United Kingdom, Slovakia, Slovenia, Sweden and Switzerland. And in the following countries : Australia,South Africa, Canada, South Korea, Hong Kong, Japan, Singapore, Turkey. All delivered countries are listed on the site when ordering.

The delivery timescales mentioned on the Web Site shall be indicative timescales, corresponding to the average timescales for processing and delivering Orders.

IPC shall not be liable for the consequences of a delay in delivering the products.

         9.1 Delivery – Box Sending Service

The boxes shall be delivered to Clients each month to the address provided in the “MY ACCOUNT” form filled in by the Client upon registering for the Box Sending Service. It is up to the Client to notify any change of address at least within the 21st of the current month by modifying his contact details on the “MY ACCOUNT” form.

IPC shall not be liable for late deliveries and for the consequences that might arise from same.

         9.2 Delivery – Retail Sales Service

Should the order not be received ten (10) days after receipt of the payment confirmation e-mail, IPC recommends that the Client contact its customer service unit. Where applicable, IPC pledges to dispatch the order again or to give the Client a full refund. 

10 – Right of withdrawal and applicable timescale

In accordance with the applicable rules of France’s Code de la consommation [consumer laws] concerning mail-order sales, the Client shall have a timescale of fourteen (14) whole days to withdraw from the sale.

For the Box Sending Service, this timescale shall begin to run as of the confirmation of the order by IPC. The Client’s notification of his decision to withdraw from the sale must be sent to IPC by registered post with acknowledgement of receipt to the address mentioned in article 1 of these General Terms of Sale.

The Client shall also have a timescale of fourteen (14) days to withdraw following receipt of an order placed with the Retail Sales Service. This timescale shall run as of receipt of the order. The product(s) must be returned in their original packaging. Any product which is incomplete, damaged, and/or whose packaging is damaged shall neither be taken back, nor exchanged, nor reimbursed. Indeed, given that the order shall be deemed to cover both the product and its wooden box, the return of the complete Box shall be imperative.

Where applicable, IPC shall refund a Client who shall have notified it in good time of its decision to exercise its right to withdraw within thirty (30) days following IPC’s receipt of the notification of withdrawal. The Client’s account shall be credited by the sum of money that was debited for the order.

11 – Defect affecting the Box – refunds – limitation of liability

Any reservations concerning the Box and its contents must be notified by e-mail to customer@designerbox.com within 48 hours following receipt of the Box. The Client shall have 7 days to send back the Box and its contents in their original packaging. Should the Box be found to be defective, the Client shall be sent a new Box, subject to availability.

In the case of subscriptions to the Box Sending Service, should the Box no longer be available in stock, the Client may obtain the Box of the following month free of charge. In case of an ad-hoc purchase of a Box (Retail Sales), if the product ordered is no longer in stock, IPC pledges to refund the entire cost of the order.

Should the Box be found to be faulty, the Client shall not be entitled to any extraneous compensation. The liability of IPC shall be limited in all cases to the monthly cost of the subscription or to the value of the order. To secure a refund under these circumstances, the Client must absolutely notify his request for a refund within thirty (30) days. 

12 – Subscriptions to the newsletter

By accepting these General Terms of Sale upon taking out a subscription to one of the subscription formulas or upon placing an order on the Web Site, the Client authorises IPC to send him e-mails to the address that he shall have provided upon subscribing or placing an order.

The Client may unsubscribe from the newsletter at any moment in time via the “MY ACCOUNT” space.

13 – Deactivation of the Client’s account

Should the Client fail to comply with his obligations under these General Terms and Conditions, should he fail to pay any moneys on time, should he provide incorrect information upon setting up his account or should he commit acts that might jeopardise the interests of IPC, the latter may suspend the Client’s access to the Services on offer on the Web Site or, depending on the severity of the acts, it may rescind the subscription and the account of the Client, who shall be barred from claiming any compensation for this.

IPC shall also be entitled to refuse to deal with a Client who has been excluded or punished for his behaviour, even if the latter attempts to open a new account. 

14 – Evidence and signature

The Client shall be responsible for protecting the security of his online transactions, for instance by not disclosing his identifier and/or his password to anyone. IPC hereby disclaims liability for any disclosure of information concerning the Client to any individual who subsequently uses his identifier and/or his password.

To that end, the use of the identifier and/or of the password of the Client shall constitute evidence of his identity, and of the enforceability of the moneys due upon confirmation and/or modification of the order. IPC shall not under any circumstance be held liable for the fraudulent use of this information.

The provision of the Client’s bank card number and the confirmation of the Order shall serve as evidence of the acceptance of the said Order and shall make the moneys due in return for the products ordered enforceable.

The Client acknowledges the validity and the evidential value of the correspondence and electronic records retained by IPC and accepts that these elements shall be deemed to have the same evidential value as a written document signed by hand by virtue of France’s law no. 2000-230 of 13 March 2000 concerning the adaptation of the laws of evidence to information technology and concerning electronic signatures.

15 – Compliance of the products and liability

In accordance with France’s law no. 98-389 dated 19 May 1998 concerning liability for defective goods, the Client is hereby expressly informed that IPC is not the manufacturer of the products on offer as part of the Box Sending Service and Retail Sales Service. Thus, in case of damage or injury caused by a fault affecting the product, the Client shall have to invoke the liability of the manufacturer of the said product. The products that IPC offers and sells shall bear their manufacturer’s warranty.

Should the Client bring a claim over a given product, he shall not inasmuch be relieved from his payment obligations.

The information featuring on the Web Site concerning the products is that which is provided by the manufacturers and suppliers of the products. IPC therefore disclaims liability for the consequences that may arise from its knowledge or use of this information.

The photographs of the products are merely indicative and do not have any contractual value; they shall not give rise to any liability on the part of IPC. 

16 – Force majeure

IPC shall not be liable for failing to perform its contractual obligations wholly or partly due to an event constituting force majeure that is beyond its control.

17 – Intellectual property

All the elements that are reproduced on the designerbox.com Web Site, such as, but not limited to the texts, comments, works, illustrations, images and trademarks, are protected by intellectual property laws. Any total or partial reproduction of the elements that are accessible on the Site shall be strictly prohibited. 

18 – Data protection

The information and data provided by the Client in the questionnaire that he must fill in upon registration is necessary for the effective processing of his Order and may be transmitted to the companies which are involved in handling the Order, such as those in charge of providing the services, and their management, execution, delivery, processing and payment.

This information and data shall also be kept for security purposes, in order to comply with all statutory and regulatory obligations as well as in order to enable IPC to enhance and personalise the services on offer and the information that is sent out.

In accordance with the prevailing and applicable law, the Client shall have a right to challenge, access and modify his personal data. The Client may request the right to modify, complete, clarify or erase any of his personal data which is erroneous, has expired, is incomplete or whose gathering or use and disclosure are prohibited. In order to avail himself of this right, the Client need only write in to the customer service unit of IPC via the “CONTACT” page of the Web Site.

19 – Liability

In its capacity as a third party, IPC shall not be liable for the content of the partner web sites of designerbox.com, and it shall not be liable in any way for a conflict between the Client and a partner web site or brand.

The information used by the Client to identify himself on the Web Site, such as his identifier and password, is personal and confidential. This information can only be modified by the Client or by Designerbox.com, such as when the Client forgets his password.

The Client shall bear full liability for the use of his identification elements, and must therefore keep them secret. Any disclosure on his part cannot under any circumstance be blamed on designerbox.com. 

Any order placed using the identifier and password of the Client shall be deemed to have been placed by the latter. designerbox.com cannot under any circumstance be held liable for damage incurred pursuant to the disclosure of this confidential personal data by the Client and for the subsequent use of this data by a third party.

IPC hereby disclaims liability for any damage, whatever the nature thereof, caused by the use of the services that are subscribed to / offered by designerbox.com, such as damage to anyone’s reputation, image, or loss of data.

20 – Nullity

Should one or more provisions of these General Terms of Sale be declared invalid in accordance with a law or regulation or a court ruling that is final and cannot be appealed, the other provisions shall retain their full validity and scope. 

21 – Continuity and transfer of the rights and obligations

Any contracts between the Client and IPC and/or its successors and assignees shall be binding between the Parties.

In case of a total or partial transfer of the activity of IPC, the contracts between the Client and  IPC and/or its successors and assignees shall continue to be binding upon the Parties. The contracts signed by the Client with IPC cannot be transferred or assigned by the Client without the prior written consent of IPC.

 Conversely however, IPC shall be entitled to transfer or assign any contracts, rights and obligations at any moment in time without the Client’s prior consent.

22 – Advertising on the Web Site

IPC shall be entitled to incorporate advertisements on its Web Site, and shall be completely free to choose the positioning of these advertisements, the advertisers and the appearance and content of the advertisements. 

23 – Modifications of the General Terms of Sale

IPC shall be entitled to modify these General Terms and Conditions at will.

Should a Client who is a subscriber object to the new General Terms and Conditions, the latter may rescind his subscription by means of a letter sent by registered post with acknowledgement of receipt prior to the start date of the new provisions in accordance with the terms of article 6.4 “Implicit Renewal - Unsubscribing” of these General Terms of Sale.

 The rejection of the new General Terms of Sale must imperatively be made expressly; should the Client fail to express his opposition prior to the date on which the new provisions come into force, he shall be deemed to have accepted the modifications.

24 – Applicable law

 These General Terms of Sale are governed by French law which shall be applicable regardless of the country of residence of the Client and of the place where the contract has been formed. The application of the Vienna Convention on contracts for the international sale of goods is expressly ruled out.

 The Client acknowledges that the records of correspondence and other records held by the Web Site shall be considered by the Parties as evidence of the correspondence, orders, payments and transactions between the Parties save in the event of evidence to the contrary. 

25 – Settlement of disputes clause

 Any dispute in connection with the existence, the interpretation, the performance or the termination of the contract signed by the Parties shall fall under the exclusive jurisdiction of the French courts.