Terms of sale

 

GENERAL TERMS AND CONDITIONS OF SALE

Article 1 – GENERAL PROVISIONS – SCOPE

1.1 These General Terms and Conditions of Sale (“GTC”) determine the rights and obligations of the parties in the context of the online sale of products offered by GROUPE TIVOLI.

1.2 Any order placed on the website www.wondermural.com implies prior acceptance without restriction of these General Terms and Conditions of Sale, which are subject to French law. These GTC are therefore an integral part of the Contract between the Client and the Individual Company. They are fully enforceable against the Client, who declares to have read and accepted them without restriction or reservation before placing the Order.

1.3 These GTC apply to any Order placed by an individual of legal age acting as a consumer. The Client therefore certifies that they are a natural person over 18 years old, acting for purposes that do not fall within the scope of their commercial, industrial, artisanal, liberal, or agricultural activity. They acknowledge having full capacity to commit themselves when placing an Order and undertake to provide truthful information regarding their identity.

1.4 EXCLUSION: Persons acting as professionals, i.e., natural or legal persons, public or private, acting for purposes within their commercial, industrial, artisanal, liberal, or agricultural activity, including when acting on behalf or for the account of another professional, are expressly excluded from the scope of these GTC.

Professionals wishing to place an Order with the Individual Company are invited to contact us directly.

1.5 The GTC applicable to each Order are those in effect at the date of payment (or the first payment in the case of multiple payments) of the Order. The Individual Company reserves the right to modify them at any time by publishing a new version on its website. These GTC are available on the Individual Company’s website at the following address: www.wondermural.com and are downloadable in PDF format.

 

Article 2 – CONCLUSION OF THE ONLINE CONTRACT

2.1. Order Process

To purchase one or more Products on the site, the Client selects each Product and adds it to their cart. Once their selection is complete, they must confirm their cart to proceed with the Order (1st click).

At this stage, the Client is redirected to a page containing:

A summary of the selected Products, the corresponding prices, the delivery terms, and costs. It is then up to them to verify and possibly correct the content of their cart.

These GTC. It is up to them to read them carefully before validating the entire Order.

This validation of the Order after checking the cart and reading the GTC (2nd click) constitutes the conclusion of the Contract, and the Client acknowledges that the 2nd click entails an obligation to pay on their part.

The Client is then redirected to the payment page. They can choose from the various payment methods offered and proceed with the payment of their Order.

After validating their Order and making their payment, the Client receives, at the email address provided to create their account, a confirmation message from the Individual Company. This message contains, in PDF format:

The summary of their order (selected Products, prices, delivery terms, and costs);

The precise identification of GROUPE TIVOLI and its activity;

The Order number;

The terms, conditions, and withdrawal form;

These GTC in PDF format.

In case of non-receipt of the Order confirmation, the Client is advised to contact the Individual Company via the contact form on the site.

The Client then receives a purchase invoice sent in electronic form, which the Client expressly accepts.

It is strongly recommended that the Client keep this confirmation message and the purchase invoice, which is also sent electronically, as these documents can be produced as proof of the Contract.

 

2.2 Cases of refusal to validate the Order by the Individual Company

The Individual Company reserves the right to refuse your Order for any legitimate reason, such as:

Order not complying with the GTC;

Quantities ordered not corresponding to normal use by a consumer Client;

Non-payment of a previous Order or ongoing dispute concerning a previous Order;

Suspected fraud on the Order (supported by a set of concordant evidence).

 

Article 3 - SPECIFICATIONS AND AVAILABILITY OF PRODUCTS

 

3.1 Product Specifications

The essential characteristics of the goods and their respective prices are made available to the Client on the websites of the Individual Company, as well as, where applicable, information on the use of the product.

Although the Individual Company reasonably ensures that the Specifications are accurate, these Specifications, with some exceptions such as pricing information, are provided by the suppliers of the Individual Company. Consequently, the Individual Company disclaims any liability for any errors that may be contained in the Specifications.

The Specifications are presented in detail and in French. The Parties agree that the illustrations, videos, or photos of the Products offered for sale have no contractual value. The validity period of the Product offers and their prices is specified on the websites of the Individual Company.

 

3.2 Availability of Products

Product offers are valid within the limits of available stocks from our suppliers. This availability of Products is normally indicated on the specific Product page.

However, as the Individual Company does not reserve stock (except in specific cases of Products marked as pre-order on the Product sheet), adding a Product to the cart does not guarantee the absolute availability of the Product or its price.

If a Product becomes unavailable after the Client has validated the Order, the Individual Company will immediately inform them by email. The Order will be automatically canceled, and the Individual Company will proceed with the refund of the price of the initially ordered Product, as well as any amount paid for the Order.

However, if the Order contains other Products than the one that became unavailable, they will be delivered to the Client, and the delivery costs will not be refunded.

 

Article 4 – PRODUCT PRICES

 

4.1 Reference Prices Indicated on the Sites

The reference price of the Products offered on the site is the price recommended by the brand, manufacturer, or its official representative. Failing that, it is a price determined based on the prices at which the Product is commonly sold in a panel of stores distributing it. This price is updated as soon as the brand, manufacturer, or its official representative communicates a new recommended price for the Product or as soon as the price practiced within the panel of stores is modified.

 

4.2 Modification of Prices Indicated on the Sites

The prices of the Products are indicated on the Product description pages. They are shown excluding tax, excluding customs duties, and excluding shipping costs. The Individual Company reserves the right to modify the prices of the Products at any time, in compliance with applicable legislation.

Products ordered will be billed based on the price in effect on the site at the time of Order validation.

 

4.3 Product Prices

As many Products are imported from abroad (outside the European Union) at the Client’s request, the prices of the Products sold through the websites are indicated in Euros excluding taxes (excluding VAT and customs duties) unless otherwise indicated. They are precisely determined on the Product description pages. They are also indicated in Euros excluding tax (excluding VAT and customs duties), unless otherwise indicated, on the Order page of the products, and excluding specific shipping costs.

Product prices do not include import VAT, import taxes, or customs duties, which must be paid in addition and will be the sole responsibility of the Client, who is liable for these taxes as the recipient of the Product.

Product prices do not include packaging, handling, shipping, transport, insurance, and delivery costs to the delivery address.

 

4.4 Payment of Taxes

The Client is solely responsible for the declaration and payment of import VAT during the customs clearance of the Product. They may be required to pay import VAT. As this tax is not the responsibility of the Individual Company, it cannot be held liable for the refund of this tax.

For all products shipped outside the European Union and/or overseas territories, the price is automatically calculated excluding taxes on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in some cases. The Individual Company has no control over these duties and amounts.

They will be borne by the Client and are their responsibility (declarations, payment to the competent authorities, etc.). The Individual Company invites the Client to inquire about these aspects with the corresponding local authorities.

 

Article 5 – PAYMENT OF PRODUCT PRICES

 

5.1 Time of Payment

Payment of the full price of the Order must be made immediately after Order validation.

The Individual Company may exceptionally grant payment in installments, especially in view of the amount to be paid and their knowledge of the Client concerned. However, the Individual Company has no obligation to grant such payment terms. In special cases, the Client may request this by contacting the Individual Company’s Customer Service at contact@wondermural.com.

 

5.2 Payment Methods

To pay for their Order, the Client can choose between different payment methods:

Payment by credit card:

Only credit cards linked to a bank located in France or international credit cards (Visa, MasterCard, American Express, and Maestro) are accepted. The Client guarantees the Individual Company that they have the necessary authorizations to pay with the credit card used. They expressly acknowledge that the commitment to pay by card is irrevocable and that the communication of their credit card number constitutes authorization to debit their account up to the total amount corresponding to the Products ordered. The amount will be debited at the time of Order validation.

Credit card payments are made via a secure payment platform, and the credit card information provided benefits from SSL encryption.

Payment via PayPal:

Payment by PayPal is accepted up to a limit of €1,000.

It is emphasized that when using this payment method, the General Terms and Conditions of Use of PayPal, which are available on their website, apply in addition to these GTC.

Payment by vouchers and/or promo codes

Vouchers and/or promotional codes issued by the Individual Company can be used to pay for all or part of the Order. These vouchers and/or promotional codes are valid only once. In case of attempted fraudulent use of vouchers and/or promotional codes, the Individual Company may cancel the Order outright.

In general, in case of refusal of payment authorization from officially accredited bodies or in case of non-payment of the Order, the Individual Company reserves the right to suspend and/or cancel said Order.

The Individual Company reserves the right to suspend any payment method at any time, especially if a payment service provider no longer offers the service used or in case of a dispute with a Client regarding a previous Order.

The Individual Company reserves the right to implement an Order verification procedure to ensure that no one is using another person’s bank details without their knowledge. As part of this verification, the Client may be asked to send by email or mail a copy of an ID, proof of address, and a copy of the credit card used for payment. Precise instructions on the exact content of the requested information (to preserve the confidentiality of their data) will be communicated to the Client in case of verification. The order will only be validated after receiving and verifying the submitted documents.

 

Article 6 - DELIVERY – CUSTOMS CLEARANCE – RECEIPT

 

6.1 Delivery

Before validating the Order, the Individual Company communicates to the Client information about the different delivery methods and their respective costs. Following the Client’s choice of delivery method, the Individual Company provides an estimated delivery time.

The Individual Company will make every effort to ensure that the Product(s) is/are delivered by the estimated delivery date. In case of difficulty, the Individual Company undertakes to communicate quickly with the Client to inform them and seek an adequate solution.

Air transport, shipping, and/or delivery of the Product(s) will be entirely borne by the Client (“Delivery Costs”). These delivery costs are included in the final price billed to the Client at the time of the Order. However, any customs duties are not included in the price billed to the Client by the Individual Company.

Depending on the chosen delivery method, delivery will be made either to the address provided by the Client or, where applicable, to a pickup point chosen by the Client from the list of available points. It is therefore up to the Client to verify the delivery information provided, as they remain solely responsible in case of delivery failure due to incomplete or incorrect information.

 

6.2 Customs Clearance

When purchasing, the Client buys the product excluding taxes and becomes the importer of the purchased product in their capacity as the recipient of the Product.

They are therefore particularly responsible for the import and customs clearance processes of the product with local customs offices. Depending on the value of their order, they may be required to pay customs duties (for Products with a customs value exceeding €150).

The Client is solely responsible for the customs declaration process during the Product’s customs clearance. These customs duties, which are not billed to the Client by the Individual Company, are not the responsibility of the Individual Company. Therefore, the latter cannot be held liable for the refund of these duties.

 

6.3. Receipt

Upon receiving the Product, the Client undertakes to verify that the Product is complete and undamaged.

If an anomaly is found, the Client must contact the Individual Company’s Customer Service within three days (excluding holidays) from the Product’s receipt date. Any claim filed after this period will not be processed.

 

Article 7 – WITHDRAWAL

 

7.1 Principle and Deadline

The Client has the right to withdraw, without giving any reason, within fourteen (14) calendar days from the date of receipt of their Order. In the case of an Order for several Products, the period runs from the receipt of the last Product.

In case of exercising the right of withdrawal within the above-mentioned period, the price of the purchased Product(s) and shipping costs will be refunded, with return costs remaining at the Client’s expense.

 

7.2 Exclusions

In accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for the following contracts:

For the supply of goods or services whose price depends on fluctuations in the financial market beyond the professional’s control and which may occur during the withdrawal period;

For the supply of goods made to the consumer’s specifications or clearly personalized;

For the supply of goods that are likely to deteriorate or expire rapidly;

For the supply of goods that have been unsealed by the consumer after delivery and cannot be returned for hygiene or health protection reasons;

For the supply of goods which, after delivery and by their nature, are inseparably mixed with other items;

For the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose agreed value at the conclusion of the contract depends on fluctuations in the market beyond the professional’s control;

For urgent maintenance or repair work to be carried out at the consumer’s home and expressly requested by them, within the limit of spare parts and work strictly necessary to meet the emergency;

For the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;

For the supply of a newspaper, periodical, or magazine, except for subscription contracts for these publications;

Concluded at a public auction;

 

7.3 Conditions for Exercising the Right of Withdrawal

To exercise their right of withdrawal, the Client must inform the Individual Company of their intention to withdraw either by completing the standard form, a model of which is provided below, or by sending an unambiguous statement expressing their intention to withdraw within the 14-day period mentioned above.

Standard withdrawal form model:

To the attention of GROUPE TIVOLI, (relevant site name), Customer Service, 66 avenue des champs-élysées, 75008, PARIS

.

I, the undersigned ______, hereby notify you of my withdrawal from the contract for the sale of the Product below:

Product name:

Order date and receipt date:

Order number:

Withdrawal request tracking number:

Client’s name:

Client’s address:

Client’s signature: (only if this form is notified on paper)

Date:

 

This form must be sent to the Individual Company at one of the following addresses:

For paper submission, to GROUPE TIVOLI, Customer Service, 66 avenue des champs-élysées, 75008, PARIS

.

For electronic submission, to the address: contact@wondermural.com

 

The Client has 14 days from the notification of their withdrawal to return the Product to the Individual Company in its original packaging, with return costs being the sole responsibility of the Client.

Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to allow the Individual Company to resell them. If opened, used, incomplete, damaged, or soiled Products are received, the Individual Company will not proceed with any refund and may, if deemed necessary and appropriate, hold the Client liable for the Product’s depreciation.

If the Product is returned in the conditions provided by law and these GTC, the Individual Company will refund the total amounts paid by the Client, including shipping costs, within 14 days of the withdrawal notification, unless the Product is returned after. In this case, the Individual Company will only proceed with the refund after receiving and verifying the condition of the returned Product.

This refund will be made using the same payment method used by the Client to pay for the Order, unless the Client expressly agrees to another payment method. In case of payment by gift voucher/promo code, the Client will be refunded either by sending new gift vouchers/promo codes for an amount equal to that paid in this form.

 

Article 8 – WARRANTIES

 

8.1 Legal Warranties

The Individual Company remains liable for defects in conformity of the goods in accordance with the provisions of Articles L.217-4 et seq. of the Consumer Code and hidden defects of the item sold in accordance with Articles 1641 et seq. of the Civil Code.

When acting within the framework of the legal warranty of conformity (as provided by Articles L.217-4 et seq. of the Consumer Code), the Consumer Client:

Benefits from a period of 2 years from delivery to act

Can choose between repair or replacement of the Product, subject to the cost conditions provided by Article L.217-9 of the Consumer Code

Is exempt from proving the existence of the lack of conformity during the 24 months following delivery if the Product is new and during the 6 months following delivery if the Product is sold second-hand.

The Client can also decide to act within the framework of the legal warranty against hidden defects under Article 1641 of the Civil Code; the Client can choose between the cancellation of the sale or a reduction in price, in accordance with Article 1644 of the Civil Code.

These legal warranties apply independently of any contractual warranty.

Reproduction of applicable texts

 

L.217-4 Consumer Code

“The seller delivers goods in conformity with the contract and is liable for defects in conformity existing at the time of delivery. They are also liable for defects in conformity resulting from the packaging, assembly instructions, or installation when this has been put under their responsibility by the contract or carried out under their responsibility.”

 

L.217-5 Consumer Code

“The goods are in conformity with the contract:

1° If they are suitable for the use usually expected of similar goods and, where applicable:

- if they correspond to the description given by the seller and possess the qualities presented to the buyer in the form of a sample or model;

- if they present the qualities that a buyer can legitimately expect given the public statements made by the seller, by the producer, or by their representative, particularly in advertising or labeling;

2° Or if they present the characteristics defined by mutual agreement by the parties or are suitable for any special use sought by the buyer, brought to the knowledge of the seller, and accepted by the latter.”

 

L.217-9 Consumer Code

“In the event of a defect in conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer’s choice if this choice entails a manifestly disproportionate cost compared to the other method, given the value of the goods or the significance of the defect. They are then required to proceed, unless impossible, according to the method not chosen by the buyer.”

 

L.217-12 Consumer Code

“The action resulting from the defect in conformity is prescribed by two years from the delivery of the goods.”

 

1641 Civil Code

“The seller is bound by the warranty for hidden defects of the item sold which render it unsuitable for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if they had known about them.”

 

1648 Civil Code

“The action resulting from the redhibitory defects must be brought by the buyer within two years from the discovery of the defect. […]”

 

8.2 Manufacturer’s Warranty

Some Products sold on the Site benefit from a contractual warranty granted by the supplier or manufacturer of the Product, to which the Individual Company is not directly a party.

The existence of such warranties is mentioned, where applicable, on the specific Product page.

If the Client wishes to invoke this warranty, they should notify the Individual Company by contacting Customer Service and consult the warranty terms, which are usually included in the Product’s packaging.

It is recalled that the benefit of the Manufacturer’s Warranty does not hinder the application of legal provisions regarding the legal warranty of conformity and the legal warranty for hidden defects.

 

Article 9 - PROTECTION OF PERSONAL DATA

In the context of the business relationship, the Individual Company, as data controller, collects a certain amount of mandatory personal data (including, but not limited to, name, first name, delivery address, etc. marked with an asterisk) that is absolutely necessary for processing the Order, managing the business relationship, compiling statistics, and complying with the Individual Company’s legal and regulatory obligations. These are retained for 5 years from the end of the Contract.

Failure by the Client to provide this information would make it impossible to process their Order.

This data is intended for internal use by the Individual Company but may be transmitted to companies that contribute to the execution of the service, including those that ensure the delivery of Products or process payments.

Regarding this personal data, the Client has several rights:

Right of access to personal data concerning them;

Right to rectification and deletion if personal data is inaccurate, incomplete, ambiguous, outdated, or if the collection, use, communication, and storage of certain data is prohibited;

Right to limit the processing of data, provided that this request is duly justified and does not prevent the Individual Company from complying with its regulatory and legal obligations;

Right to object to data processing (especially in the case of processing for commercial prospecting)

Right to formulate post-mortem directives regarding the retention, deletion, and communication of their personal data

Right to withdraw their consent to the realization of certain processing operations (processing carried out before the withdrawal of consent remains lawful)

Right to lodge a complaint with the CNIL.

To exercise their rights, the Client can submit a request to the Individual Company via:

A letter addressed to GROUPE TIVOLI, wondermural.com, Customer Service, 66 avenue des champs-élysées, 75008, PARIS

The request must mention the Client’s email address, first and last names, postal address, and must be accompanied by a copy of their identity card (front and back).

A response will be sent to them within one month of receiving the request.

 

Article 10 - INTELLECTUAL PROPERTY RIGHTS

Unless otherwise specifically stated on a Product page, the sale of Products on the site does not result in any transfer of intellectual property rights to the Products sold.

Trademarks, domain names, products, software, images, videos, texts, or more generally any information subject to intellectual property rights are and remain the exclusive property of the Individual Company or their original owner. No transfer of intellectual property rights is made through these GTC.

 

Article 11 - FORCE MAJEURE

The Individual Company cannot be held responsible for the non-performance of its obligations under these terms in the event of the occurrence of a fortuitous event or force majeure that prevents their execution. The Individual Company will notify the client of the occurrence of such an event as soon as possible.

 

Article 12 – EXCLUSION OF LIABILITY

Notwithstanding any provision to the contrary stated herein, the Individual Company cannot be held liable for any losses or damages resulting from inappropriate use of the Product(s) by the Client, including unauthorized modification or alteration of the Product(s) by the Individual Company.

 

Article 13 – SUSPENSION – TERMINATION OF ACCOUNT

The Individual Company reserves the right to suspend or terminate a Client’s account who contravenes the provisions of the GTC, or more generally the applicable legal provisions, without prejudice to any damages that the Individual Company may claim.

Any person whose account has been suspended or closed may not order subsequently or create a new account on the Site without the prior authorization of the Individual Company.

 

Article 14 – ARCHIVING – PROOF

Unless proven otherwise, the information recorded by the Individual Company constitutes proof of all transactions.

For each Order, the order summary is sent by email to the Client and archived on the Individual Company’s website.

Communications between the Individual Company and the Client are archived on reliable and durable registers kept for 5 years under reasonable security conditions. These registers, on which exchanges are recorded on a reliable and durable medium, are considered proof of communications, orders, payments, and transactions between the Client and the Individual Company. They can be produced as proof of the Contract.

The archiving of communications, orders, order details, and invoices is carried out on a reliable and durable medium to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information can be produced as proof of the contract.

The Client will have access to the archived elements upon simple request to contact@wondermural.com.

 

Article 15 - NULLITY AND MODIFICATION OF THE GTC

If any of the stipulations of these GTC are null, it will be deemed unwritten, but will not entail the nullity of all the contractual provisions.

Any tolerance by the Individual Company in the application of all or part of the commitments made under these GTC, regardless of their frequency and duration, cannot be considered as a modification of the GTC, nor generate any right for the Client.

 

Article 16 – APPLICABLE LAW AND DISPUTE RESOLUTION

These GTC are subject to French law.

In case of any difficulty, the Customer Service is at your disposal to find an amicable solution.

In the absence of a solution directly with the Customer Service, the European Commission has set up a platform for the resolution of disputes to collect possible consumer complaints following an online purchase. The platform then forwards these complaints to a competent national mediator. You can access this platform by following the link: http://ec.europa.eu/consumers/odr/.

DISPUTE – CONSUMER MEDIATION

In case of a dispute between the Client and the company, they will try to resolve it amicably (the Client will send a written complaint to the professional or, where applicable, to the Customer Relations Service of the professional).

Failing an amicable agreement or in the absence of a response from the professional within a reasonable period of one (1) month, the consumer Client within the meaning of Article L.133-4 of the Consumer Code has the possibility to refer free of charge, if a disagreement persists, to the competent mediator registered on the list of mediators established by the Commission for the evaluation and control of consumer mediation under Article L.615-1 of the Consumer Code, namely:

The Professional Mediation Society

www.mediateur-consommation-smp.fr

24 rue Albert de Mun - 33000 Bordeaux

December 2, 2022.