General Terms of Online Sales

Article 1 : General Information about the Seller

Article 1.1 The Website

The website www.erard.com (the "Website") is operated by the simplified joint stock company ERARD (the "Seller" or "ERARD").

Article 1.2 Seller’s Activities

The Seller’s business activity is manufacturing and selling furniture and mounts for audiovisual, antenna and connection equipment (the “Products”).

In accordance with Articles L. 111-1 and L. 111-3 of the French Consumer Code, detailed information about the Products and their prices is available on the Website www.erard.com.

Article 1.3 Seller’s Identifying Details

ERARD is a simplified joint stock company (société par actions simplifiée) with a capital of 1,436,670 euros and registered office at Chavanoz (38230) - France – Z.I. de Chavanoz, 4 route de la plaine, listed in the Vienne Companies Register under number 613 680 073.

VAT number: FR 19 613 680 073

Article 2 : Scope of the General Terms

Article 2.1 Purpose of the General Terms

The purpose of these general terms of sale (“General Terms”) is to define the rights and obligations of the parties engaged in online sales of the Products offered by ERARD to anyone (“Customer”) wishing to buy them via the Website.

Every purchase order placed by a Customer under these Terms is called an “Order”.

In confirmation an Order placed via the Website, the Customer implies his prior explicit unreserved acceptance of these General Terms.

The Customer thereby also acknowledges that he has received the information in Articles L. 121-18 and L. 121-19 of the French Consumer Code, before and after agreeing the sale, notably via these General Terms.

Article 2.2 Effective Date and Duration of the General Terms

The General Terms come into effect on the date that the Order is confirmed and apply for the length of time required to supply the Products and until the Seller’s warranty period expires.

Article 2.3 Probative Documents

The contractual information relating to the Order is confirmed by the Seller to the Customer via email. ERARD recommends that the Customer keep the Order confirmation email or a printed copy of it. However, the following may also constitute legally probative communication: the Order, payments by the parties, and any archived Purchase Orders and invoices in ERARD’s IT system.

The provision by a Customer of a bank or credit card number online and his confirmation of an Order constitutes proof that the Customer placed the Order and implies that the corresponding payment is due.

Confirming the Order constitutes the signing and express acceptance of all the transactions made on the Website.

Article 2.4 Validity of the General Terms of Sale

The Products and Services ordered by Customers via the Website are governed by the General Terms of Sale in force on the date of the Order.

ERARD reserves the right to amend its General Terms at any time by publishing a new version on its Website.

The fact of not invoking, at any given time, any particular term of these General Terms cannot be interpreted by the Customer as the Seller waiving the right to use those Terms at a later time.

Article 3 : Product Information – Availability – Changes

3.1 Product Information

The Products offered by ERARD comply with applicable French laws and the standards applicable in France.

ERARD strives to make its Product data sheets as clear and detailed as possible. However, the descriptions of the Products (photographs, text, graphics, information and characteristics) are provided for indicative purposes only and have no contractual value. ERARD shall not be liable for any inaccurate description of a Product (photographs, text, graphics, information or characteristics).

3.2 Availability

ERARD shall not be liable if an advertised Product is not available when Ordered or subsequently, nor be liable to the Customer for damages due to unavailability.

Information about Product availability is provided at the time that the Order is placed.

Should the Product become unavailable after the Order is placed, ERARD promises to offer the Customer as promptly as possible a similar Product, or a credit note valid for all available Products, or a refund.

Should the Customer opt for a refund, ERARD shall make best efforts to reimburse the Customer within 30 days counting from the date on which ERARD informed the Customer that the Product was unavailable and in any case no later than 30 days counting from the date that the Customer paid for it.

3.3 Changes

ERARD reserves the right to make any changes to the Products at any time that its considers appropriate without modifying the products that have already been delivered or are in the process of being delivered.

Article 4 : Price

The prices of the Products sold on the Website are shown per item and per reference.

The prices are valid until updated on the Website.

The Product prices are those in force on the date that the Order is placed by the Customer.

The prices are shown in euros, inclusive of all taxes, and exclude shipping costs which are charged extra in accordance with the rates indicated on the Website.

Recycling charges based on the regulations in force, are charged extra.

The Customer is exclusively responsible for its own internet access charges.

Article 5 : Order

5.1 Procedure

To place an Order, the Customer must perform the following steps:

1. Enter the Website address.

2. Follow the instructions on the Website and in particular the instructions for opening a customer account.

3. Fill in the Order form.

4. Check the elements of the Order and identify and correct any errors (by “double-clicking”).

5. Accept these General Terms.

6. Confirm the Order, as well as the total price inclusive of all taxes.

7. Follow the online-payment server instructions to pay the price.

The Customer promises not to divulge the identifying details of his Customer account to third parties. ERARD shall not be liable for any action performed via or on the Customer account by a third party to whom the Client has divulged his identifying details or who had access to his identifying details or to his Customer Account or due to any fault or negligence attributable to said Customer.

5.2 Personal Information

When placing the Order, the Customer agrees to provide the information requested and promises that it is true.

ERARD shall not be liable for any errors entered by the Customer, or errors on the Order form, or for their consequences in the form of delay or delivery errors. Accordingly, if the delivery cannot be made due to an entry error by the Customer, or due to incorrect or illegible information on the Order form, the shipping costs shall be borne by the Customer.

5.3 Order Confirmation

The Customer electronically receives an order confirmation including a summary of his Order.

The Order does not become firm and final until after the Seller has sent the corresponding Order confirmation email.

In accordance with Article L. 122-1 of the French Consumer Code, the Seller reserves the right to reject the Order if it is abnormal, has been placed in bad faith, or for any other legitimate reason, and in particular if a dispute exists with the Customer concerning the payment of a previous order.

The Seller may also cancel a Customer Order if any necessary delivery information is lacking.

5.4 Order Processing

Orders are processed in the sequence in which they are received.

ERARD undertakes to process all Orders, subject to stock availability.

The Customer electronically receives confirmation that the Order has shipped, specifying the delivery time.

Article 6 : Payment Confirmation

Article 6.1 Purpose

Payment confirmation by the Seller is a prerequisite for shipping the Products to the address indicated by the Customer.

If payment is by cheque, payment is confirmed once the cheque is successfully cashed.

Article 6.2 Terms and Conditions

In order to limit the risk of fraud, ERARD may carry out checks of the validity of the payments made.

In the event of such a check, the Customer is requested by email to provide supporting documents (a legible front-and-back photocopy of an identity document and proof of address) to the Seller so that the Order can be definitively confirmed.

At the end of such a check, ERARD reserves the right to accept or reject the Order. Should the requested supporting documents not be received within 72 hours, ERARD shall refuse the payment confirmation and shall reject the Order.

Article 7 : Payment

Article 7.1 Security of Online Payments

The Seller does everything possible to ensure the confidentiality and security of data transmitted on the Website.

For the security of transactions executed online, ERARD uses CIC and its online payment system.

Customers’ bank account details are encrypted on their own computer then transmitted securely to the CIC server without being divulged to ERARD. Once the payment is confirmed, the data relating to it is destroyed and no longer remains on the CIC server. This is why ERARD asks Customers for their data every time an Order is placed.

Article 7.2 Payment Methods

The Customer pays his Order online by bank card or credit card (Carte Bleue, VISA, Eurocard / Mastercard). If the online payment is made by bank card or credit card, the Customer must indicate the type of payment card, the number of the payment card, the expiry data and the security code. The Customer guarantees that he is fully entitled to use said card and that it provides access to sufficient funds to cover all the costs relating to the Order.

The transaction is immediately debited from the Customer’s card once the card details have been checked and debit authorization has been received from the issuing company of the card used by the Customer.

In accordance with Article L. 132-2 of the French Monetary and Financial Code, a promise to pay given via a payment card is irrevocable. In communicating information relating to its payment card, the Customer authorizes the Seller to debit its payment card by the amount corresponding to the Price.

For this purpose, the Customer confirms that he is the owner of the payment card to be debited and that the name on the payment card is his. The Customer communicates the 16 digits and the expiry date of the payment card as well as, if its exists, the visible security code.

If the price cannot be debited, the online sale shall be automatically immediately cancelled and the Order cancelled.

Article 7.3 Access to Invoice

The Customer’s invoice is available and downloadable from the Website under the heading “My Account”.

The Customer is advised to print out the invoice.

The Customer may also request to receive a paper copy of the invoice from the Seller by post, by writing to the following address: ERARD - Service Clients Z.I. de CHAVANOZ, 4 route de la plaine – 38236 PONT DE CHERUY Cedex, France.

Article 8 : Delivery

 8.1 Delivery Process

Products are shipped based on availability and in the sequence in which Orders arrive and may be shipped as s single delivery or a series of partial deliveries.

Deliveries will be made to the shipping address indicated by the Customer when placing the Order.

The Customer is solely responsible for any delivery fault due to lack of information on the Order.

Unless otherwise stated by the Seller, shipping costs are always charged to the Customer.

The shipping cost is indicated to the Customer before Order Confirmation.

8.2 Delivery Times

Delivery times are counted from the date of the Order Confirmation by the Seller.

Delivery times depend on the carrier and on Postal routing delays, and are indicated when the Order is placed and, potentially, in the Order Confirmation email.

In all cases, delivery times shall not exceed three weeks counting from the Order Confirmation date, unless impacted by force majeure or if the Customer agrees to a new delivery date.

If an Order is not delivered within the deadline indicated, the Customer has a maximum of thirty (30) days counting from the delivery date indicated on the Order to advise Customer Service of the non-delivery, whereupon Customer Service shall investigate the cause of the delay and give the Customer a new delivery date.

If the complaint is made within the above-specified deadline, the Customer can opt to:

  • maintain his Order but with the new delivery date;
  • or cancel his Order by registered mail including receipt confirmation form, sending his cancellation to the following address: ERARD - Service Clients Z.I. de CHAVANOZ, 4 route de la plaine – 38236 PONT DE CHERUY Cedex, France.

 

Once this cancellation period expires, no further Customer complaint shall be accepted.

If the Order has not yet been shipped when the Seller receives the Customer’s cancellation, the delivery is blocked and the Customer is reimbursed any debited funds within 30 days of receiving the cancellation advice. If the Order has already been shipped when the Seller receives the Customer’s cancellation advice, the Customer may still cancel the Order by refusing the Product. The Seller shall in that case reimburse the funds debited from or paid out by the Customer, within 30 days after receiving the complete returned refused Product, unused and in its original packaging.

8.3 Checking the Order upon Arrival

The Customer promises to take delivery of the Products at the address that he indicated on the Order.

Upon the delivery of the Product, the Customer must, in the presence of the carrier:

  • check the external appearance of the package and refuse it if deteriorated, explicitly indicating the reserves on the delivery note and clearly indicating the nature of the damage or the quantity of missing elements in the presence of the carrier. For his claim to be entertained, the Customer is responsible for taking action against the carrier within three days after receiving the Product, by registered mail including receipt confirmation form, in accordance with the provisions of Article L 133-3 of the French Commercial Code;
  • check that the Product conforms to the Order and check for any visible defects or missing elements. If the Product does not conform to the Order, or if there are defects or missing elements, the Customer must immediately inform ERARD thereof by email, to the following address: infos@erard.fr and in any case within eight (8) days counting from the date that the Product was received.


In this latter case, the procedure for returning a Product that does not conform to the Order or has a visible defect is identical to the procedure specified in Article 9.3 below, but in this case, the cost of returning it to the Seller and of reshipping the Product shall be borne by ERARD.

Should the Customer fail to follow this procedure, he is deemed to have accepted the Product unreservedly.

The Customer shall keep a copy of the delivery note.

In the case of a visible defect or non-conformity of the delivered products, duly notified in accordance with the procedures specified above and confirmed by ERARD after checking quantity and quality, the Customer can obtain a free replacement or reimbursement of the Products, to the exclusion of all compensation.

The Customer is solely responsible for starting up and operating the device in accordance with the instructions available on the Website.

8.4 Orders Shipped Not Received

i) If the Product has been sent by LA POSTE (Post Office) and in accordance with LA POSTE terms and conditions, the Customer has 15 days following the LA POSTE shipping advice to collect his package from his indicated home post office. If not collected by this deadline, the package is shipped back to the Seller.

Should this occur, the Order shall be cancelled and the Customer shall be reimbursed the amount of the Order, less the shipping charges shown on the invoice.

ii) If the carrier delivers to the Customer’s address but is unable to meet the Customer and/or if the Customer is absent on the agreed delivery date, the Products shall be returned to the Seller.

Should this occur, the Order shall be cancelled and the Customer shall be reimbursed the amount of the Order, less the shipping charges shown on the invoice.

Article 9 : Right of Revocation

 9.1 General

In accordance with Article L 121-20 of the French Consumer Code, the Customer has the right to return the product within seven days following the receipt of the Order. If this deadline expiry date falls on a Saturday, Sunday, public holiday or nonworking day, the period is extended to the first next working day.

If the Customer wishes to revoke his Order, he must return the Products within the above-mentioned deadline, in their original packaging, complete, unused.

In accordance with Article L. 121-20 of the French Consumer Code, the Customer bears the cost of returning the Order.

9.2. Exclusions

In accordance with Article L121-20-2 of the French Consumer Code, the right of revocation does not apply to products built to the Customer's specifications or clearly customized or personalized or which, by their nature, cannot be reshipped. 

This is the case in particular for:

  • Products in blister packs when they have been unsealed by the Customer;
  • Products requiring assembly which have been assembled or disassembled.

Lastly, should the returned Products be found not to be as-new and altered in appearance or functionality due to the Customer using it before revoking his Order, or if the original packaging is deteriorated, the Seller reserves the right to:

  • refuse to reimburse the Product;
  • or deduct from the reimbursement, a fixed charge of €30 excluding taxes, corresponding to the cost of reconditioning the Product.

 

9.3 Product Return Procedure

To exercise his right to return the Product, the Customer must first contact Customer Service by email citing “Return Request” in the subject of the email. Customer Service will give the Customer a return number.

All Product returns by the Customer, for any reason whatsoever, must be expressly agreed in advance by ERARD. If they are not, the Customer cannot claim a credit note, or reimbursement for the returned Product.

The Customer must ship the Product at his own cost to the address communicated to him by ERARD.

Products must be accompanied by the sale invoice and by the return number provided by ERARD.

The Customer bears the cost of organizing the return shipping and the risks related to the Product return, regardless of the reason. If the Product is lost by the carrier during this shipping, the Customer is solely responsible and cannot be reimbursed by ERARD.

If the Customer exercises his right to return the Product in accordance with the terms specified in this document, he will be offered a credit note or a reimbursement of the amount of the Product.

If the Customer chooses to be reimbursed, ERARD must reimburse the Customer within 30 days counting from the date that the revocation right was exercised.

If the returned Product does not reach ERARD in accordance with the terms and conditions in this Article, the Customer shall not be reimbursed nor obtain a credit note.

In all cases, every product returned to ERARD shall be checked quantitatively and qualitatively by ERARD which, based on the results of those checks, has the right to refuse to issue a credit note or to reimburse the disputed Product if it appears that the Product or its packaging is (non-exhaustive list): damaged, has been used by the Customer, or is no longer saleable for any reason whatsoever.

Article 10 : Warranties

The warranty is exclusively to repair the Product, or to replace it if the Seller considers it unrepairable.

Only if it is impossible to repair or replace the faulty Product or if the cost of doing so proves to be disproportionate to the cost of the Product, will the Customer be reimbursed for the faulty Product.

10.1 Faulty New

Products found to be faulty when first installed shall be repaired or replaced (ERARD’s choice) as promptly as possible.

A faulty new Product will be replaced only if the fault is reported and the complete Product in its original packaging is shipped back within eight days after the date it was received by the Customer.

The same applies to complaints regarding any faulty component of the delivered Product submitted during or after assembly, which must be reported by the Customer to the Seller and shipped back within eight days after the date it was received by the Customer.

10.2 Contractual Warranty

To be able to benefit from the Product warranty, the Customer must submit the following documents:

  • The purchase invoice;
  • The warranty card included in the package indicating the type of product and its serial number.

 

Products are warranteed by ERARD against all material and manufacturing defects for a period of ten years for tables and mounts excluding lacquered paint and motorized modules (rotation gear motor, height adjustment mechanism, electronic box, remote control (excluding batteries) and cable chase set) for which the warranty period is two years.

The warranty period starts on the date that the Product is received, the delivery note being proof of it. If the delivery note cannot be produced, the warranty period shall start on the invoice date.

The warranty does not cover:

  • Damage caused by factors extraneous to the device, such as lightning, the Product falling or being dropped, water damage, fire, etc.
  • Shipping costs and damage during shipping;
  • Visible defects;
  • Acts of God or force majeure;
  • Replacements or repairs resulting from normal Product wear and tear;
  • Modifications to the Product;
  • Deterioration or accidents caused by negligence, or by faulty installation, surveillance, storage or maintenance or by abnormal use or by use that does not comply with ERARD instructions and recommendations.

 

Spares and replaced parts, as well as a new Product in the case where a defective Product cannot be repaired, are warranteed for the remaining term of the warranty period.

Customer’s Obligations

To be able to invoke and benefit from the warranty, the Customer must report to ERARD, without delay in writing, or by phoning +33 (0)4.72.46.16.26, the defects that he has found in the Product and provide all supporting material to establish the reality of said defects, give ERARD full aid and opportunity to establish the defects, and refrain, unless expressly agreed by ERARD, from repairing or modifying any part of the equipment himself or having a third party do so.

All Product returns by the Customer, for any reason whatsoever, must be expressly agreed in advance by ERARD.

If it is not, the Customer cannot apply to have the returned Product repaired or replaced or reimbursed.

The Customer shall be advised what to do with the faulty Product.

Warranty Implementation Procedure

ERARD is responsible for rectifying the fault at its own cost and exercising full diligence in doing so. The work resulting from its warranty obligations will be done, in principle, in ERARD's workshops its own cost. All other services before or after the implementation of the warranty shall be borne by the Customer. All parts replaced free of charge must be returned to the Seller and become its property once returned.

The cost of shipping to the Seller’s workshops is borne by the Customer.

The cost of returning the repaired or replaced Product to the Customer is borne by ERARD.

ERARD undertakes to supply all missing parts reported by the Customer during the month following the purchase date (understood to be the invoice date).

10.3. Legal Warranties

The contractual warranty agreed in the foregoing shall not prevent the Customer from benefitting from the legal warranty relating to hidden defects within the meaning of Articles 1641 and subsequent of the French Civil Code or the warranty relating to conformity defects within the meaning of Articles L 211-1 and subsequent of the French Consumer Code. The warranties in this document are separate from the legal warranties and do not replace them.

Consequently, independently of the contractual warranty, the Seller is liable for the Product’s non-conformance to the contract and for hidden defects under the terms of Articles 1841 to 1649 of the French Civil Code.

In accordance with the French Consumer Code, Articles L 211-4, L 211-5, L 211 –12 of that Code, as well as Articles 1641 and the first paragraph of Article 1648 of the French Civil Code are reproduced as follows:

Article L211-4 of the French Consumer Code: The seller must deliver a product that conforms to the contract and is answerable for non-conformities existing at the time of delivery. It is also answerable for non-conformities resulting from packaging, assembly instructions or installation when these are among its contractual obligations or have been carried out under its responsibility.

Article L211-5 of the French Consumer Code

In order to conform to the contract, the product must:

1º Be fit for the use normally expected of a similar product and must: 

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

            - have the qualities that a buyer can legitimately expect, given the public statements made by the seller, by the producer or by its representative particularly in advertising or labelling;

 2º Or have the characteristics specified by joint agreement between the parties or be fit for any special use specified by the customer, brought to the attention of the seller and agreed by the latter.

Article L211-12 of the French Consumer Code: Action against a non-conformity must be launched within two years from the date that the product is delivered.

Article 1641 of the French Civil Code: The seller must warranty the product sold against hidden defects that make it unfit for its intended use, or that reduce its usability to such an extent that the buyer would not have bought it, or would only have bought it at a lower price, had he known of them.

Article 1648 of the French Civil Code, paragraph 1: Action against hidden defects must be launched by the buyer within two years from discovering the defect.

10.4 Exclusion of Liability

With respect to Orders placed for business needs, ERARD shall not be liable to the Customer or to a third party for any consequential damage, loss of profit, loss of sales or loss of data in any way whatsoever.

ERARD’s liability is limited, all risks totalled, to the amount of the Order excluding taxes.

Similarly, the total or partial impossibility of using the Products, particularly due to hardware incompatibility or non-conformity of Customer needs, shall not engage the Seller’s responsibility, or give rise to any right to damages or to Product reimbursement.

Article 11 : Product Returns as WEEE

ERARD promises to take back any old Product when a new identical product is bought on the Website (on a 1-for-1 basis).

Article 12 : Complaints

Customers should submit all complaints to ERARD’s Customer Service by post to the following address: SAV ERARD - Z.I. de CHAVANOZ, 4 route de la plaine – 38236 PONT DE CHERUY Cedex, France, or electronically to infos@erard.fr, or by telephone to +33 (0)4.72.46.16.26, quoting the Order reference and Order date.

All complaints must be accompanied by a copy of the purchase invoice as well as the number on the ERARD warranty card.

Article 13 : Hotline

ERARD provides a Customer telephone hotline on 0800 40 40 60 from 9am to 6pm Mondays through Saturdays (business days).

Article 14 : Force Majeure

ERARD shall not be liable for non-performance or delay in executing its obligations to the Customer in the event of special circumstances or case of force majeure. A "force majeure event” is understood to be any fact preventing the full or partial performance of a contract, which ERARD cannot overcome by reasonable diligence, such as (but not limited to) war, riot, fire, total or partial strike, explosion, flood, telecommunications failure, transport disruption, delay or failure in the supply of raw materials, for any reason whatsoever.

The Seller shall advise the Customer of the occurrence of such an event within eight days counting from the date that the event occurs.

If the non-performance of the Seller’s obligations continues for more than 30 days, the Customer may cancel the Order in progress in which case the Seller shall reimburse the Order.

Article 15 : Intellectual Property

Total or partial reproduction of the Website is strictly prohibited. All text and illustrations on the Website are protected by copyright.

Article 16 : Data Protection Act

The personal and personally identifiable data communicated by the Customer is necessary for Product delivery.

The Customer has a personal right to access, remove and correct personal data concerning him under the terms and conditions of the French Data Protection Act (Law n. 78-17 of 6 janvier 1978) relating to informatics, data and freedoms. The Customer must submit any such request in writing along with proof of identity, either by email to infos@erard.fr, or by post to ERARD, Service Clients Z.I. de CHAVANOZ, 4 route de la plaine – 38236 PONT DE CHERUY Cedex, France.

When creating his customer account on the Website, the Customer has the option, if he so wishes, to receive offers by the Seller and its partners.

Article 17 : CNIL Declaration

In accordance with Law No. 17 of 6 January 1978 as amended by Law No. 2004-801 of 6 August 2004, ERARD hereby informs its Customers that the Website has been declared to the French data protection commission CNIL (1666270v0).

Article 18 : Retention of Ownership

The transfer of Product ownership to the Customer is subject to payment in full of the price of the products including principal, interest, penalties and ancillaries.

ERARD reserves the right to require the return, at the Customer's cost and risk, of unpaid products without prejudice to any other action. The products still in the Customer’s possession are presumed to be the unpaid products.

Article 19 : Applicable Law

The General Terms are applied and interpreted in accordance with French law.

Should a dispute arise over the formation, interpretation, performance or cessation of the contractual relations established between the Customer and the Seller or over any resulting acts or instruments, the dispute if not settled amicably shall be submitted to the competent court in the Customer's domicile, unless the Customer is a merchant. In which case, the competent court shall be the Commercial Court for the region in which the Seller's registered office is located.