GENERAL TERMS AND CONDITIONS OF SALE JULY 2025
Article 1: PURPOSE AND SCOPE OF APPLICATION
The present General Terms and Conditions (T&Cs) of the company DECOCLIM SASU with capital of €1,600,000, registered with the RCS of FREJUS under number 790 646 988, with registered office located at 115 bis chemin des Valettes, 83490, LE MUY – FRANCE, intra-community VAT number FR73790646988 (“DECOCLIM”, contact: by mail relationclient@decoclim.fr , or by phone +33 (0)9 72 60 95 63), are applicable to sales of products DECOCLIM via the website "decoclim.fr" (the "Products" and the "Site"), made to customers acting as consumers within the meaning of the French Consumer Code (the "Customer(s)").
Any order placement implies full acceptance of the Customer to the T&Cs which prevail over any contrary stipulations that may appear on the Customer’s purchase orders and/ or any general conditions of purchase, except special conditions expressly accepted by both Parties.
The contract is in English and consists of the T&Cs, the purchase order, and the order confirmation specifying the description and quantity of the Products, their price and the terms of delivery (the "Contract"). The T&Cs can be consulted at any time on the Site.
Article 2: PRODUCTS
The Products are presented on the Site, with their essential characteristics and their price. DECOCLIM reserves the right to modify its product offer at any time, subject to pending and in-force Contracts.
Article 3: ORDER
The creation of an account by the Customer is requested before any order is placed. When creating the account, the Customer read DECOCIM's privacy policy and confirms that he or she accepts it by ticking the corresponding box.
The Customer chooses the Product(s) as well as the desired quantity and adds it to his cart in order to place an order according to the following process.
(1) Access to the shopping cart and to a summary of the details of the order and its total price including VAT, allowing the verification and correction of any errors.
(2) Identification or creation of a Customer account using the provided form.
(3) Access to a summary of the content of the order, detailing the Products ordered, their essential characteristics and price, and summarizing the total price including VAT to be paid, including additional costs if applicable.
(4) Acknowledgment and express acceptance of the T&Cs by ticking the corresponding box, and confirmation of the order (implying Customer’s consent and entailing a payment obligation for the Customer, which is explicitly reminded to, and acknowledged by, the Customer). The Customer is then redirected to the secure site for payment so that he or she can pay the agreed price.
DECOCLIM confirms receipt of the order by sending an acknowledgement of receipt which summarises the order by specifying the essential characteristics of the Product(s) ordered, the price including VAT, the delivery time and contains the T&Cs as an attachment (as well as the withdrawal form).
Article 4: RIGHT OF WITHDRAWAL AND RETURN
The Customer has a withdrawal period (the terms of exercise and effects of which are specified in the IMPORTANT section following the T&Cs) of FOURTEEN (14) days after the day on which the Customer, or a third party other than the carrier and designated by the Client, takes possession of the Product (or of the last Product in the event of a separate delivery of a single order).
Article 5: DELIVERY
The Products are delivered according to the terms and conditions agreed between the Parties and summarized in the order confirmation (in particular delivery address, costs and delivery times).
In Metropolitan France, delivery is free and is provided by the UPS carrier. A shipping confirmation email is sent to the Customer specifying the expected delivery day and time slot. The Customer has the option to change the delivery choices in case of absence. Delivery times are generally estimated between FORTY-EIGHT (48) and SEVENTY-TWO (72) hours, subject to force majeure.
Delivery times may be modified in the event of a modification (subject to DECOCLIM prior acceptance) of the order by the Customer. DECOCLIM reserves the right to split deliveries, at no additional cost for the Customer.
The Customer shall report apparent defects/damage to the Products within SEVENTY-TWO (72) hours from delivery by expressing specific issues on the delivery note, and by confirming such issues by letter with acknowledgement of receipt addressed to DECOCLIM. This allows DECOCLIM to take the necessary actions against the carrier if necessary.
After this period of SEVENTY-TWO (72) hours from delivery, the Products are considered to be in conformity with the order, i.e. not showing any apparent defects/damages. It does not affect the legal guarantees available to the Customer (see the IMPORTANT section).
Article 6: PRIZES - TERMS OF PAYMENT
The prices of the Products are in euros, are indicated inclusive of VAT and are those in force on the day of the order. They do not include the cost of transport as well as any fees, taxes or duties of any kind, which are specified for each Product and order. DECOCLIM may change its prices at any time, without this affecting in force Contracts.
Payment is due in full when ordering the Products. DECOCLIM does not grant discounts, and at no time shall the sums paid be considered as deposits. Payments are made through an external online credit card payment provider.
3.9 Customs duties: Import formalities, customs duties and any taxes related to the delivery of an item outside the European Union are the sole responsibility of the Customer. They must be paid to the competent authorities of the country of delivery. The Customer is solely responsible for verifying the possibilities of importing the Products ordered with regard to the law of the country of delivery. DECOCLIM is not obliged to check and inform the Customer of the applicable customs duties and taxes. To find out about them, DECOCLIM advises the Customer to obtain information from the competent authorities in their country.
Article 7: LIABILITY – WARRANTIES
DECOCLIM shall not be held responsible for any inaccurate information provided by the Customer when creating his/her account and/or placing his/her order, in particular identification and delivery information.
It is recalled that the Customer benefits from the legal guarantees whose main terms and conditions are set out in the IMPORTANT section following the T&Cs, i.e. the guarantee against hidden defects and the legal guarantee of conformity.
The Customer may exercise these guarantees at the following addresses: DECOCLIM - 115 bis chemin des Valettes 83490 LE MUY, and/or sav@decoclim.fr, indicating its identity, its order reference as well as the defect/non-conformity. The Customer shall then return the Product concerned to DECOCLIM, indicating the remedy he or she wishes among those available, and which are explained in section 2 following the T&Cs. As part of the guarantees, DECOCLIM takes care of the collection of the Product(s) by the carrier.
Article 8: INTELLECTUAL PROPERTY
DECOCLIM is and remains the sole owner of its intellectual property rights. Unless otherwise expressly agreed by DECOCLIM, the sale of the Products does not confer any right to the Customer on the intellectual property rights of DECOCLIM, which is and remains the holder of all its intellectual property rights, and in particular on the content of its website “decoclim.fr” (in particular images and illustrations), on the brand and logo DECOCLIM, on the Products and on the domain name associated with the Site, which the Customer acknowledges and undertakes to respect.
Article 9: PROTECTION OF PERSONAL DATA
DECOCLIM undertakes to comply with the legal and regulatory provisions in force applicable to the protection of personal data of the Customer, and in particular to apply the DECOCLIM privacy policy, accessible at the following address: https://www.decoclim.fr/en/content/22-decoclim-privacy-policy.
As such, DECOCLIM specifies that the purpose of the processing is the performance of the Agreement, for its duration as well as that of the guarantee and limitation periods.
DECOCLIM undertakes to take measures to ensure the confidentiality, integrity and security of the data collected, which will not, under any circumstances, be transferred to any third party that does not provide the same guarantees.
DECOCLIM reminds the Customer that the Customer has a right of access, rectification, portability, the deletion and erasure of its personal data and the minimization of the processing and opposition for legitimate reasons to the processing, as well as the right to define post-mortem directives, which may be exercised, for DECOCLIM, at the following addresses: DECOCLIM - 115 bis chemin des Valettes 83490 LE MUY and/or relationclient@decoclim.fr, as well as the right to file a complaint with the competent personal data protection authority (in France, the CNIL).
If you refuse “cold calling” / telephone solicitation, you can register free of charge on an opposition list, called Bloctel: www.bloctel.gouv.fr.
Article 10: PROBATIVE VALUE OF ELECTRONIC WRITINGS
Electronic documents between the Parties have probative value with regard to the Contract. Consequently, it is expressly agreed that, unless there is a manifest error or proof to the contrary, the data stored by DECOCLIM in its information system have probative value between the Parties in the event of a dispute.
Article 11: MEDIATION
When the Customer is a consumer, in accordance with the provisions of the Consumer Code, he or she has the right to use a mediation service free of charge.
The mediator on which DECOCLIM depends is SAS Médiation Solution (https://www.sasmediationsolution-conso.fr) and may be reached at the following addresses: 222 chemin de la Bergerie 01800 Saint Jean de Niost and/or contact@sasmediationsolution-conso.fr.
The dispute may only be examined by the consumer mediator when: (i) the Customer can prove that he or she has previously tried to resolve his or her dispute directly with DECOCLIM by means of a written complaint to the following addresses: DECOCLIM - 115 bis chemin des Valettes 83490 LE MUY and/or relationclient@decoclim.fr and (ii) the Customer has submitted his request to the mediator within a period of ONE (1) year from the date of his written complaint to DECOCLIM.
Article 12: EXTENDED PRODUCER RESPONSIBILITY ("EPR")
The unique identification number attests of the registration in the register of producers of the DIY and garden products sector in application of articles L. 541-10 and following of the Environmental Code. It has been awarded by ADEME to DECOCLIM, and attests of its compliance with its obligation to register producers in the said sector, and the completion of its marketing declarations with the organization ECOMAISON.
The unique identifier of DECOCLIM is: IDU DECOCLIM FR360231_14QTZP.
The Customer is informed of the obligation to take back, by DECOCLIM, used products meeting the definition of DIY and garden items. In this respect, DECOCLIM offers the Customer the right to take back the used products that the Customer discards free of charge, within the limit of the quantity and type of Product sold or the products it replaces (products of equivalent nature and size). This is achieved by the collection of the said used products from a local collection point financed by DECOCLIM.
Article 13: TERMINATION - DISPUTE RESOLUTION
The Contract shall cease (i) automatically and without any formality by the completion of the sale, or (ii) in the event of non-performance of an obligation referred to in Articles 5 and/or 6 of the Contract after a formal notice sent by the creditor of the obligation by registered letter to the other Party, which has remained unsuccessful at the end of a period of TEN (10) days following receipt of the formal notice. Failure by the Customer to comply with the T&Cs may result in the termination of the Contract and/or the suspension of the Customer's account.
The T&Cs and the Contract are governed by French law, to the exclusion of any conflict of laws that would imply the application of another law and/or the Vienna Convention on the International Sale of Goods, subject to the application of any more favorable mandatory rules of the Customer's country of residence on the day of acceptance of the T&Cs.
Any dispute arising from the Contract between the Parties shall be subject to the exclusive jurisdiction of the competent courts (i) under the French Code of Civil Procedure and the French Consumer Code for Customers whose primary residence is in France (i.e., in the event of a claim by the Customer, either one of the courts with territorial jurisdiction under the Code of Civil Procedure, or the court of the place of residence of the Customer at the time the Contract was concluded, or the court of the place where the harmful event occurred), (ii) under the Brussels I bis Regulation, for Customers whose primary residence is in another Member State of the European Union, and (iii) the French civil courts for all other Customers.
-IMPORTANT–
1 – Right of withdrawal and effects of withdrawal
Right of withdrawal and return
You have the right to withdraw from the Contract without giving any reason within FOURTEEN (14) days. The withdrawal period expires FOURTEEN (14) days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods or the last goods in the case of a separate delivery of a single order.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from the Contract by means of an unambiguous statement (e.g. letter sent by post, or e-mail) to DECOCLIM – 115 bis chemin des Valettes 83490 LE MUY or by email to sav@decoclim.fr. You can use the withdrawal form template but it is not mandatory. If you use this option, we will immediately send you an acknowledgement of receipt of the withdrawal (e.g. by e-mail).
In order for the withdrawal period to be respected, it is sufficient that you send your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
In the event of withdrawal by you from the Contract, we will refund all payments received from you, including delivery costs (with the exception of additional costs arising from the fact that you have chosen, where applicable, a delivery method other than the less expensive standard delivery method offered by us) without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract.
We will process the refund using the same payment method you used for the original transaction, unless you expressly agree otherwise; In any case, this refund will not entail any costs for you. We may defer reimbursement until we have received the goods or until you have provided proof that the goods have been dispatched, whichever is earlier.
You must return the goods to us (DECOCLIM – 115 bis chemin des Valettes 83490 LE MUY) without undue delay and, in any event, no later than fourteen days after you have communicated your decision to withdraw from this contract.
This period is deemed to have been respected if you send the goods before the expiry of the fourteen-day period. You will have to pay the direct costs of returning the item, up to TWENTY EUROS (€20) excluding tax for France and FORTY EUROS (€40) excluding tax for other countries. This amount will be deducted directly from the refund of the product(s).
You are only liable for the depreciation of the property resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the property.
2 - Information on the legal guarantee of conformity and on the legal guarantee against hidden defects
The consumer may enforce the legal guarantee of conformity within a period of two years from the delivery of the goods in the event of a default of conformity. During this period, the consumer is only required to establish the existence of the default of conformity and not the date on which it appeared. Where the contract for the sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee shall apply to that digital content or digital service throughout the period of supply. During that period, the consumer is only required to establish the existence of the default of conformity affecting the digital content or digital service and not the date on which it appeared.
The legal guarantee of conformity entails an obligation for the professional to provide all the updates (if applicable) necessary to maintain the conformity of the property. The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty days of their request, free of charge and without major inconvenience to them.
If the product is repaired within the framework of 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 imposes the replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer may obtain a discount in the purchase price if he/she keeps the goods, or may terminate the contract and be reimbursed in full after the return of the goods, if:
1. The professional refuses to repair or replace the property;
2. The repair or replacement of the property takes place after a period of thirty days;
3. The repair or replacement of the goods causes a major inconvenience to the consumer, in particular when the consumer definitively bears the costs of taking back or removing the non-compliant goods, or if he or she bears the costs of installing the repaired or replacing goods;
4. The non-conformity of the property persists despite the seller's unsuccessful attempt to bring it into compliance.
The consumer is also entitled to a reduction in the price of the goods or to the termination of the contract when the lack of conformity is so serious that it justifies the immediate reduction of the price or the termination of the contract. The consumer is then 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 lack of conformity is minor. Any period of immobilization of the goods to repair or replace them suspends the warranty until the delivery of the refurbished/repaired item. The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code. The seller who obstructs the implementation of the legal guarantee of conformity in bad faith incurs a civil fine of a maximum amount of 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the French Consumer Code).
The consumer also benefits from the legal warranty against latent defects pursuant to Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the holder to a price reduction if the item is kept or to a full refund against return of the item.
Withdrawal form template
(Please complete and return this form only if you wish to withdraw from the contract.)
Attn: DECOCLIM (115 bis chemin des Valettes 83490 LE MUY - FRANCE // sav@decoclim.fr)
I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract relating to the sale of the goods below:
Ordered on (*) / received on (*):
Name of consumer(s):
Consumer(s) address:
Signature of the consumer(s) (only in case of notification of this form on paper):
Date:
(*) Delete the unnecessary mention.