GENERAL TERMS AND CONDITIONS
These general terms and conditions of sale or ""GTC"" are entered into between:
- SEC SILVERA, SA under French law, with share capital of €500,000, operating under the name SILVERA, registered office 58 avenue Kleber 75116 Paris, registered in the Paris Trade and Companies Register (RCS) under number 399 528 751 and Intra-Community VAT number FR 42399528751, hereinafter referred to as "SILVERA" or "SILVERA -eshop";
- any natural or legal person visiting and making a purchase on the www.silvera.fr/eshop/ website, hereinafter referred to as "the customer";
SILVERA is the owner of the domain names silvera.fr and silvera-eshop.com.
It operates the website https://www.silveraltd.co.uk/ and the e-commerce site https://www.silvera-eshop.com/.
The purpose of these GTC is to define the rights and obligations of the parties in the context of the online sale of goods and services on the website / the online shop / https://www.silvera-eshop.com/.
The GTC are in French, as well as all the information contained on the website www.silvera.fr/eshop/.
These GTC set out all the obligations of the parties. The customer agrees to read and accept without reservation all the provisions of these general conditions. Any order placed on the website implies unconditional acceptance of the GTC.
It is specified that the offer of sale is addressed to both consumers and professionals (see definitions in Article 1). However, specific provisions concern only consumers (right of cancellation in particular).
The GTC can be consulted at any time on the www.silvera-eshop.com website by clicking on the GTC link in the bar at the bottom of the page.
Independence of the website with stores and showrooms
Operation of the SILVERA eshop e-commerce site is completely independent of SILVERA stores and showrooms.
The offers available on the website are therefore independent of those available in SILVERA stores and showrooms.
Furthermore, promotions featured on the website are valid only for purchases made online and can under no circumstances be requested at SILVERA stores shops and showrooms.
Products purchased on the www.silvera.fr/eshop/ website can under no circumstances be returned, exchanged, refunded or be the subject of any claim whatsoever in store.
Customers must respect the procedures described in articles 9 and 10 in the event of a complaint or exercising their right of cancellation.
Area covered by offers:
The geographical area covered by offers available from the www.silvera-eshop.com online shop corresponds to the list of countries mentioned and proposed when creating the customer account.
The delivery area covered differs from area covered by offers and is limited to the areas listed in Article 8 - Deliveries
Article 1 - Definitions
1.1. - ""Customer"" means any user who browses
1.2. - ""Consumer"" means any natural person who takes part in an exchange of a commercial nature for personal
1.3. - ""Professional"": a natural or legal person acting within the scope of their professional or business activity.
1.4. - ""Product"" means any product offered on the website.
1.5. - ""Service"" means any services offered on the website.
1.6. - ""Website"" refers to the infrastructure developed by SILVERA according to the computer formats that can be used on the Internet
1.7. - ""Internet"" refers to various networks of servers located in various locations around the world
Article 2 - Product characteristics and prices
2.1 - The products governed by these General Terms and Conditions are those that appear on the Website and that are indicated as sold and shipped by SILVERA eshop (the ""Products"").
Products are described and presented as accurately as possible on the website.
Photographs of Products are not contractual. They are as faithful as possible but cannot ensure a perfect similarity with the products offered, especially with regard to colours.
If any errors, inaccuracies or omissions occur in how products are presented textually or visually, the seller cannot be held liable.
2.2 - Prices are inclusive of all taxes and therefore include VAT for products delivered within the European Union. Any change in legal French VAT rates will be reflected in the prices of products and services presented on the website, on the date stipulated by the relevant implementing decree.
Prices of the Products presented on the website exclude assembly costs and delivery costs (postage, packaging and preparation at current rates).
The delivery cost will be specified in the order summary before checkout.
If one or more taxes or contributions, in particular environmental taxes, is created or increased or reduced, this may be reflected in the sale price of Products on the Website and in the various sales materials. Prices may be changed at any time on the website. However, a price cannot be changed once the customer order has been confirmed.
Assembly must be done by the customer, unless this service has been requested in advance, for which a charge will be made.
Article 3 - Ordering
Customers can place orders online from the online catalogue on the Website.
For their first order, customers will have to follow an account creation procedure as stated on the Website and provide personal information needed to process their order, dispatch and preparation of sales documentation. This data may be passed on to service providers/subcontractors of SILVERA eshop in the context of executing the order and to ensure it is properly managed.
If customers lose or forget their password, they can request it again by going to their customer account and clicking on "Forgotten password". Their password will then be sent to the email address given at the time of registration.
All orders imply acceptance of prices and the description of the products available for sale.
Any disputes regarding this will be within the framework of a possible exchange and the guarantees mentioned below.
Article 4 - Product availability
The offers and delivery times stated are valid at the time the customer consults the website. Products may be in stock, or available within several days or weeks, as specified on each product information sheet.
SILVERA eshop undertakes to honour orders received on the website within the time limits indicated, subject to stock availability.
It is possible that a product indicated as being in stock may become unavailable between the time it is added to the basket and confirmation of the order by the customer. If the customer has still been able to confirm the order and the product is out of stock, SILVERA eshop undertakes to inform the customer as soon as possible. The customer will then be able to accept the new delivery time or opt for a refund. If the order is for several products, it remains valid for the other products still available.
SILVERA eshop does all it can to ensure that stock levels and delivery times are kept up to date. If an item is unavailable, SILVERA eshop is only obliged to refund the price paid at the time of the order, and under no circumstances is it obliged to pay any damages and interest.
For products available with a delay of several weeks, extension of the delay cannot under any circumstances result in the order being cancelled or refunded.
Article 5 - Order validity
Orders can only be registered on the website if the customer has been clearly identified by entering their login and password, which are strictly personal.
If the customer loses or forgets their login, SILVERA eshop must be informed as soon as possible by contacting customer service at the following email address:
email@example.com (if the password is lost, see procedure described in article 3 paragraph 3).
In all cases, provision of a credit card number on the website and final confirmation of the order will constitute proof of the entire order in accordance with the provisions of the law of 13 March 2000 and will make the amount of the order due and payable.
All transactions on the website are therefore considered valid and completed.
However, in the event of fraudulent use of the customer's credit card, as soon as they become aware of the fraud the customer should contact SILVERA eshop's customer service department at the following email address: firstname.lastname@example.org.
Computerized records kept in SILVERA eshop's IT systems under reasonable security conditions will be considered as proof of communications, orders and payments between the parties.
It is expressly agreed that, except in the case of a manifest error on the part of SILVERA eshop, data stored in the IT system shall constitute proof of orders placed by the customer. Data stored on computer or electronic media constitute valid evidence and as such are admissible under the same conditions and with the same probative value as any document drawn up, received or kept in writing.
Purchase orders and invoices are archived on a reliable and durable media to provide a true and lasting copy in accordance with article 1348 of the French Civil Code.
Article 6 - Order confirmation and follow-up
At checkout, the customer must accept the general terms and conditions, enter their address and choose the delivery method, and finally confirm their payment method. This final step formalizes the sales contract between SILVERA eshop and the customer.
In any case, entering the checkout process implies acceptance of the General Terms and Conditions of Sale.
SILVERA eshop will acknowledge receipt of the order as soon as it has been validated by email. Customers are asked to keep their order confirmation number for future correspondence.
In certain cases, such as non-payment, incorrect address or other problems with the Customer's account, SILVERA eshop reserves the right to block the Customer's order until the problem is resolved.
For fraud limitation reasons, SILVERA eshop reserves the right to ask the customer to prove their identity and place of residence, as well as the means of payment used, in order to accept the sale. In this case, the order will be processed once these documents have been received. SILVERA eshop reserves the right to cancel the order if these supporting documents are not received or the supporting documents received are deemed insufficient.
For any questions relating to following up an order, customers should access their customer account on the Website.
Article 7 - Payment methods
Customers can choose to pay for purchases by:
- DEBIT CARD, VISA, MASTERCARD and AMERICAN EXPRESS
The Customer warrants that they have the necessary authorisations to use these methods of payment.
Payment by debit/credit card is done directly on the website of the partner bank SOGENACTIF. The customer must be the holder of the card used.
The Sogenactif website ensures the security and registration of the payment order. SILVERA eshop never has access to customers' card details, which are encrypted to guarantee the security of payments, and under no circumstances kept on the SILVERA eshop server.
The customer's account is debited for the full amount of the order as soon as the order is placed. Payment of the total amount is debited as soon as the order is placed.
SILVERA eshop shall have the right to cancel any order when the Customer's IP address is in a different country from the delivery address and/or the address of the credit card.
Article 8 - Delivery
The delivery coverage area is as follows: Mainland France, Corsica, Monaco.
Within this coverage area, customers can choose to have goods delivered either to their home address or to another address.
Products are delivered to the address given on the order form and stated on the order confirmation.
SILVERA eshop offers several delivery methods with its logistics providers:
- Colissimo for small articles/small volumes that are not very fragile.
- UPS or other service providers selected by SILVERA eshop for slightly bulky items.
- Delivery by courier with a time slot for large and/or very fragile parcels. Deliveries of large parcels are during a fixed time slot. Items are delivered upstairs by a specialized team.
Delivery costs are stated in the appendix.
SILVERA eshop reserves the right to change its logistics provider if another seems more suitable, without any repercussion on the delivery costs paid by the customer.
For any questions about delivery, contact SILVERA eshop by email at email@example.com.
The delivery times stated on the website are from the date goods are received at the warehouse. Compliance with these conditions requires correct delivery information.
For orders including products with different delivery times, delivery will be made in one go when all the products ordered are available. If the customer wants partial delivery of available products more quickly, an additional charge will be made. To do so, contact SILVERA eshop by email at firstname.lastname@example.org.
If the products to be delivered cannot be carried inside the "place of delivery" because of the small size of the premises or means of access (truck access, stairs, elevator etc.), SILVERA eshop may make delivery subject to the customer bearing the additional costs incurred, subject to a price being agreed in advance.
8.2 - Cancellation in the event of customer absence
If the customer is absent at the time of delivery, the courier will leave a non-delivery notification in the customer's mailbox. The customer may then agree to another delivery or collect the products from the address and according to the terms stated indicated on the courier's non-delivery notification.
If the customer does not withdraw from the contract within the stipulated period, products will be returned to SILVERA eshop. At the customer's request, SILVERA eshop will review the possibility of refunding the customer, excluding delivery costs, which will remain payable by the customer.
8.3 - Conformity of delivery
Delivery is deemed to have been made as soon as the product is handed over to the courier. Products are sent at the customer's own risk. The delivery note given by the courier, dated and signed by the customer at the time of delivery, will constitute proof of transport and delivery.
On delivery, the customer must check the general condition of the package in the presence of the delivery man and confirm it is up to standard, and in case of doubt check its contents. If there is a problem, the customer must refuse the delivery and set out their specific reservations in writing and dated on the courier's delivery note stating the condition of the parcel, the name or the quantity of the missing product.
Article 9 - Claims
Claims for products that are not up to standard, missing or defective must be sent directly by email to email@example.com within two working days of delivery.
The customer must keep the packaging and the delivery note, which will be asked for. The customer must be able to provide any supporting evidence for their claim.
In order to be accepted, any returns must first be reported to Customer Service department from the Customer Account. The return number given must be shown clearly on the return packaging. (see DELIVERY)
Once the return has been received and validated, SILVERA eshop will send back the product initially ordered at its own expense. If the product is not in stock, the customer will be offered another equivalent product or a refund of the amount paid (purchase + delivery costs).
It is specified that a variation in colour between the product delivered and how it is represented on the website will not be a reason for refusal of delivery and complaint.
Similarly, in the event of an order for additional elements, colour shades may not constitute grounds for contesting or refusing goods.
Article 10 - Right of cancellation
Pursuant to Article L 121-20 of the French Consumer Code, the consumer has a right of cancellation of 14 working days of receipt of their order to return the product at their own expense to the following address:
83, avenue Niel
products received, without any reason stated, and request an exchange or refund.
In accordance with article L 121-20-2 of the French Consumer Code, any orders for custom-made products (sofas etc) or personalized products cannot be cancelled or refunded by SILVERA eshop.
If a customer wishes to exercise their right of cancellation, they must request a return from their customer account and attach the return slip to product sent.
Products must be returned unused, intact, complete, in new condition, carefully packed in their original packaging, in accordance with the procedure stated in the DELIVERY section at the bottom of the website.
Products are returned at the customer's own risk.
Any product that is damaged, incomplete, missing, or whose original packaging has been damaged will not be refunded.
If a customer exercises their right of cancellation, SILVERA will do its best, once the product has been received and its condition checked, to refund the amount paid (purchase price) within 30 days to the account attached to the card used for payment.
Article 11 - Transfer of risks
You are reminded that the transfer of risks takes place as soon as the products are handed over from SILVERA eshop to the courier. Products are sent at the customer's own risk.
The same applies to product returns.
During the cancellation period, the customer is responsible for the item. If the product is damaged or destroyed while in the customer's care, the customer will be liable.
Article 12 - Guarantees
All Products for sale on the Website benefit from the legal guarantee of conformity (L. 211-1 and et seq. of the French Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. of the French Civil Code), allowing customers to return products that are delivered defective or non-compliant.
This warranty covers the replacement and warranty of parts, labour, replacement or refund of the Product (if repair recognised by SILVERA eshop or the manufacturer is not possible or, if repair is too expensive, replacement with the same or a similar model is not possible).
The guarantee excludes the replacement of parts subject to normal wear and tear or due to incorrect use of the Product.
It also excludes faults due to incorrect connection of the Product or failure to follow the instructions for use, shock, incorrect use or maintenance or causes external to the equipment (lightning, water damage, etc.).
It should also be noted that all furniture and sofa finishes may undergo colour changes over time due to the effect of light, ageing etc.
No claims are therefore admissible on this basis.
To implement the guarantee, the customer must contact SILVERA eshop's after-sales department by e-mail at the following address: firstname.lastname@example.org.
No returns will be accepted without prior agreement as demonstrated by the issuing of a number and a return agreement form. This return agreement, sent by e-mail or by post, is valid for a period of 8 working days.
Once the return number has been assigned, the defective product must be returned to the following address:
83, avenue Niel
in its original packaging, complete (with instructions, accessories etc.), all protected by outer packaging that visibly states the return number provided by SILVERA eshop. The customer must enclose the Return Form and the original purchase invoice.
Returned products are sent at the customer's own risk.
Article 13 - Environment
SILVERA eshop is careful to work as far as possible with manufacturers that comply with European environmental protection standards.
Article 14 - Confidentiality
To ensure the confidentiality and security of data sent over the internet, the SILVERA eshop website uses a secure payment module such as SSL (Secure Socket Layer).
Article 15 - Personal data
SILVERA eshop may, for commercial reasons, pass on to a commercial partner the identity and contact details of Users of services.
The customer may expressly object to his or her details being disclosed when placing the order. To do so, simply state this when by filling out the contact form on the website.
Remember that the information provided in an order form is subject to automated data processing. The purpose of this automated processing is to define a level of analysis of a transaction and combat credit card fraud.
The customer is informed that this automated processing of information was declared to the CNIL under the number 1556393 on 4 January 2012.
In accordance with the law of 6 January 1978 as amended, the customer has the right to access, oppose and rectify data concerning him/her, either directly by email to: email@example.com or by writing to the following address:
58 avenue Kléber
Article 16 - Liability
SILVERA eshop undertakes to describe the products sold on its website as accurately as possible.
In particular, SILVERA eshop cannot be held liable for any variation in colour between the product delivered and how it is represented on the website.
In all cases, the Seller cannot be held liable if failure to fulfil its obligations is due to either the unforeseeable and unavoidable action of a third party to the contract or a force majeure event as defined in particular by French case law.
Likewise, the Seller shall not be held liable for any inconvenience or damage inherent to use of the internet, in particular service interruption, external intrusion or the presence of computer viruses.
Article 17 - Force majeure events
Neither party may be held liable if execution of the contract is delayed or prevented due to force majeure event or act of God, due to the other party or a third party, or due to external causes such as social conflicts, intervention by civil or military authorities, natural disasters, fire, water damage, or interruption of the telecommunications or electricity network.
Article 18 - Intellectual property
The SILVERA websites are protected by copyright. SILVERA owns the existing copyrights for each of the pages of its website, its tree structure and each of the elements appearing on it (photos, text etc.). As such, any use or reproduction whatsoever is strictly prohibited and makes the offender liable for criminal penalties for counterfeiting.
Furthermore, SILVERA SEC does not own all the visuals/product photos and logos that appear on the website. These are used on the website in agreement with the partner brands/manufacturers that hold the rights to them.
Their disclosure shall in no way be construed as granting any license or right to use any of the said trademarks and distinctive elements protected by copyright. Use by any third party shall be subject to prosecution.
Therefore, no documents from the Website can be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way whatsoever.
Customers with a personal website wishing to place a link on their website for personal use referring directly to the SILVERA eshop website must request prior written authorization from SILVERA.
In any case, any unauthorized links must be removed upon request from SILVERA.
Article 19 - Duration
These terms and conditions apply for the entire duration of the online services offered by SILVERA eshop.
The applicable terms and conditions are those in force on the website on the date the order is placed.
SILVERA eshop's services are subject to change, as well as legislation, and the GTC may be updated. They will take effect as soon as they go online and will therefore apply immediately to any order placed as of that date.
Article 20 - General provisions
20.1 - Entire contract
The parties acknowledge that this contract constitutes the entire agreement between them.
You are reminded that operation of the SILVERA eshop e-commerce site is completely independent of SILVERA stores and showrooms.
The offers available on the website are therefore independent of those available in SILVERA stores and showrooms.
Promotions featured on the website are valid only for purchases made online and can under no circumstances be requested at SILVERA stores shops and showrooms.
20.2 - Invalidity
If any of the provisions of this contract prove null and void with regard to a rule of law in force or a court decision that has become final, it shall be deemed to be unwritten, without however making the contract null and void or affecting the validity of its other provisions.
20.3 - Waiver
The fact that either party does not claim the application of any clause of the contract or agrees for it not to be executed, whether permanently or temporarily, shall not be interpreted as that party waiving the rights conferred by said clause.
20.4 - Domiciliation
The parties elect domicile at the addresses stated on the order form for the customer and at the address shown on the website for SILVERA eshop.
20.5 - Applicable law and disputes
These terms and conditions are subject to French law.
The competent court in the event of a dispute shall be that of the defendant's place of residence or, at the choice of the defendant, the effective place of delivery of the product.
In the event of sale to a merchant, the parties agree to submit their dispute exclusively to the Paris Commercial Court notwithstanding any incidental or warranty claim, or in the event of multiple defendants, even if it is stipulated to the contrary on any letters or documents from the customer.
The Website complies with French legislation.
Under no circumstances does SILVERA eshop give any guarantee of compliance with local legislation that may be applicable to the Customer when accessing the Website from other countries.
20.6 - Language of contract
These GTC are written in French, which is the reference language, even if they should exist in other languages.
Consequently, in the event of a difference in interpretation between two versions, only the French version shall be authentic and take precedence.