General Conditions of Use of the Website handbend.com

1. Definitions

User: means any person who uses the Website accessible at the following URL: http://handbend.com.

Website: means the website accessible at the following URL: http://handbend.com.

2. Subject

These general conditions of use of the Website (“GCU”) are intended to define the conditions of use of the Website of the company OUR FURNITURE.

The provisions appearing on the Website in its general terms and conditions of sale (“GTCS”) are applicable to all orders of products via the Website.

The Website allows the User to order OUR FURNITURE products online.

All access to and/or use of the Website implies the express and unreserved acceptance of and compliance with these GCU. These GCU therefore constitute a contract between OUR FURNITURE and the User.

3. Legal Notices

The Website is published by:

OUR FURNITURE S.A.S.U.

Head Office: 2, rue d’Hauteville – 75010 Paris

RCS Paris 798 707 923

Individual identification number referred to in article 286 ter of the General Tax Code :

FR02798707923

Telephone: +33 1 42 77 24 00

Email: us@ourindustries.eu

Director of publication: Antonin Maeno, Président.

Hosting information:

The Website is hosted by: REDCORUNA S.L.U.

4. Access to Website

OUR FURNITURE will make its best efforts to implement all necessary means in order to maintain the Website’s accessibility to Users except in the case of force majeure or an event beyond its control, and subject to any breakdowns and maintenance work necessary for the proper functioning of the Website.

All of the costs of access to the Website, including hardware, software or internet access charges are the exclusive responsibility of the User. The User is solely responsible for the proper functioning of their computer equipment as well as their internet access.

It is specified that OUR FURNITURE cannot be held liable in the event of interruption of Internet service or the User’s inability to use the Website, whatever the cause, particularly during periods in which information updates and/or the improvement of programs and/or equipment necessary for the proper functioning of the Website is/are conducted.

In addition, OUR FURNITURE may be required to interrupt or permanently close the Website, at any time without notice, and without right to compensation. The User acknowledges and agrees that OUR FURNITURE is not liable for interruptions, and any resulting consequences for the User.

Without prejudice to any action for damages, OUR FURNITURE reserves the right to remove access to the Website from any User which fails to comply with these GCU or the ethical uses of the Internet, and/or which violates any legislative or regulatory provisions in force, including by broadcasting on the Website messages that are contrary to public order or morality, that are violent, racist, justify war crimes, abusive or rude, contrary to copyright or related rights, the law applicable to databases, trademark law, image usage rights, the right to respect for privacy or that would violate any other legislation or regulations in force.

5. Personal information

5.1 Declaration to the CNIL

In accordance with article 22 of the French Law on Data Protection and Freedom of Information No. 78-17 of 6 January 1978 on information technology, data processing and liberties, as amended by the Law of 6 August 2004 (hereinafter “Data Protection and Privacy Law”), automated processing of personal data from the Website was the subject of a declaration made to the CNIL (French National Commission for Data Protection).

5.2 Collection of personal information

Personal data is information which can, directly or indirectly, temporarily designate a User and possibly link them to the collected data.

Upon creation by the User of their personal space on the Website or when ordering an OUR FURNITURE product via the Website, personal information is collected for the purposes of execution and management of orders of OUR FURNITURE products. For this purpose, this information may be shared with third parties involved in the processing of the order.

Under the Data Protection and Privacy Law, the User is informed that they have a right to access, modify and delete their personal information.

The User can exercise this right by writing to the following address:

email: us@ourindustries.eu

by post: 2 rue d’Hauteville 75010 Paris; France

5.3 Cookies

Connecting to the Web server sends the browser a certain amount of data that is stored on the hard disk of the User’s computer. It is used by OUR FURNITURE solely for the purposes of identification and security excluding any use for commercial prospecting purposes. The information technology tools for collecting this information are called “cookies”.

The User can, if they so wish, amend their browser to refuse cookies, but this may interfere with connection to the Website for reasons related to the OUR FURNITURE security and identification policy.

6. Hyperlinks

The Website may contain hyperlinks to other sites on the Internet. Links to these other resources take you away from the Website. These sites are not under the control of OUR FURNITURE, which is not responsible for the content of these sites, the links contained therein, or any changes or updates which are made to them.

Users of the Website cannot implement a hyperlink from the Website without the express and prior consent of OUR FURNITURE.

The creation of hyperlinks to the Website is subject to the prior agreement of OUR FURNITURE. In any event, OUR FURNITURE shall not be liable with regard to such creation of a hyperlink to the Website. Any use in the hyperlink of the OUR FURNITURE logo or trademark will require its express and written consent.

7. Liability

7.1 Limitation of liability

OUR FURNITURE will ensure it takes the utmost care in preparing information and data available on the Website and in updating it. Nevertheless, OUR FURNITURE is not bound by an obligation to achieve a result (“obligation de résultat” as per the French legal concept) regarding the accuracy of the information and data provided on the Website.

OUR FURNITURE cannot be held liable if it breaches its contractual obligations as a result of a fortuitous event or a force majeure event as defined by French case law.

Without prejudice to the provisions of the GTCS applicable in the case of purchase of products via the Website, OUR FURNITURE shall only be liable towards Users in the event of gross negligence duly established against it and such liability shall be limited to the amount of the order.

7.2 Absence of safeguards

OUR FURNITURE makes no warranty, express or implied, and assumes no liability regarding the use of the Website or its content. Under no circumstances may OUR FURNITURE be held liable, in respect of any action in contractual liability, tortious liability or any other action, for direct or indirect, incidental or consequential damages, of any nature, for any special or incidental damages arising from or related to the use of the Website or its content, particularly in terms of loss of profits, the interruption of business or lost data.

8. Intellectual property rights

The presentation of and each element, including the domain name, brands, logos, signs, trade name, corporate name, artwork, illustrations, photographs, text, graphics and other files, appearing on the Website are protected by the applicable intellectual property laws, and are the exclusive property of OUR FURNITURE or, where applicable, its partners.

No element comprising the Website may be copied, reproduced or exploited in any way, in any medium whatsoever, either partially or fully, without the prior and written consent of OUR FURNITURE with the exception of strict use for personal, private and non-commercial purposes, without modification of the elements present on the Website.

Any other use of the Website or its components which are not expressly authorised would constitute a punishable infringement of the rights of OUR FURNITURE including counterfeiting sanctioned by articles L. 335-2 and following of the French Code of Intellectual Property.

In addition, the User agrees to do nothing that could create any reference to OUR FURNITURE or to the Website and for which OUR FURNITURE might be held liable towards third parties.

9. Modification of the conditions of use

OUR FURNITURE reserves the right to modify these GCU, at any time and without notice, in order to adapt them to changes in the Website and/or its operations.

10. Applicable law and jurisdiction

These GCU are subject to French law. Unless provided otherwise by a mandatory legal provision, any difficulty in interpretation or execution falls under the exclusive jurisdiction of the French courts and the sole applicable law is French law, even in the event of multiple defendants or joinder of a third party as a guarantor.
When the User is a professional, exclusive jurisdiction is attributed to the Commercial Court of Paris (Tribunal de Commerce de Paris).

Latest update: March 2014

General Terms and Conditions of Sale for Users of the Website handbend.com

1. The seller

OUR FURNITURE S.A.S.U.

Registered Office: 2, rue d’Hauteville – 75010 Paris

RCS Paris 798 707 923

Telephone: + 33 1 42 77 24 00

Email: us@ourindustries.eu

2. Subject

The present General Terms and Conditions of Sale (hereinafter, "GTCS") shall exclusively govern sales of products by OUR FURNITURE made at the internet site handbend.com to purchasers who are consumers (hereinafter, "Customers") and shall constitute, with the purchase order, contractual documents binding upon the parties, to the exclusion of all other documents, literature, catalogues or photographs pertaining to the products which are non-binding and for reference purposes only.

The GTCS are made available to Customers on the seller's website where they can be accessed directly.

The GTCS shall be binding on the Customer who shall acknowledge and accept the same prior to placing an order by ticking the box provided for such purpose.

OUR FURNITURE reserves the right to amend the GTCS at any time. The applicable GTCS shall be those in effect at the date of order. It is therefore the responsibility of the Customer to refer to said GTCS when placing an order.

The nullity of a contractual clause shall not entail the nullity of the GTCS.

Failure by OUR FURNITURE in enforcing one or more clauses of the GTCS shall not be construed as a waiver of any of its rights under said clauses or other clauses of the GTCS which shall remain effective.

3. Products

Products offered for sale by OUR FURNITURE are "design" customised and tailor-made furniture and household accessories: personalised and made-to-order in accordance with Customer specifications by means of an online 3D interface.

Each product offered for sale and displayed on the website shall be accompanied by a description setting out its basic features. Photographs and illustrations of products shall not constitute contractual documents.

Offers of sale of products displayed on the internet site are valid, in the absence of reference to a specific time-frame, for as long as the products remain on the internet site and for as long as stock lasts or restocking terms apply, or, for made-to-order products, subject to the manufacturers’ availability.

4. Prices

Sale prices shall be provided, for each of the products offered for sale on the internet site, in euros inclusive of tax and excluding delivery and shipping costs. Sale prices vary according to personalisation of the products by the Customer. The final sales price applied after product personalisation and the addition of delivery and shipping costs shall be provided prior to validation of the order.

The total amount owed by the Customer shall be provided on the order validation page.

The sales price of the product shall be that in effect at the date of order. OUR FURNITURE reserves the right to change prices at any time whilst guaranteeing to the Customer the applicability of the prices in effect at the date of order.

In case of promotional prices, OUR FURNITURE undertakes to apply the promotional price to all orders placed during the promotion and for available stock where there is a reference such as "subject to available stock".

5. Referral bonus

Each product sold shall bear a QR code which can be scanned using a smartphone, thereby enabling connection to the internet site selling our products. For each QR scan resulting in the sale of one of our products to a third party (friend or relative), the Customer who purchased the reference model shall receive a bonus equal to 10% of the net sales price inclusive of tax (excluding delivery and shipping costs) paid by the third party who scanned and then purchased one of our products. When the third party order has been placed, the Customer shall be informed by email of the amount of the bonus to which s/he is entitled and can confirm if s/he accepts or refuses payment of this bonus in accordance with the terms provided in the email. Where the Customer accepts, s/he shall provide bank transfer details (IBAN) for the purpose of payment of the bonus (all other methods of payment are excluded).

The referral bonus shall be reserved exclusively for Customers (1) whose habitual residence and bank account are located in one of the countries where OUR FURNITURE products are delivered and (2) who have created a personal space as specified at Article 6.1 below and who have placed at least one order for OUR FURNITURE products by means of said personal space and (3) who are acting as individuals in relation to a limited circle of acquaintances (friends and relatives) outside the exercise of business activity. The seller reserves the right to refuse payment of a bonus where it appears, with reference, in particular, to amounts or regularity of bonuses claimed by the Customer, that the Customer's referral bonus activities may be qualified as the exercise of business activity. In any event, and without prior, express agreement by the seller to the contrary, the total sum of bonuses paid to the Customer shall be limited to the sum total of product purchases made by the Customer. Where the bonus referral activities of the Customer may be qualified as the exercise of business activity and/or where the above-mentioned ceiling is reached, no more referral bonuses may be processed except by express agreement of the seller and pursuant to conclusion of an appropriate agreement and subject to the Customer providing appropriate justification.

The Customer shall be liable to provide, where necessary and in the light of his/her personal situation, any declaration required by any administrative body (of a tax or other nature) of monies received under the auspices of referral bonuses and the seller shall bear no liability in this respect.

The seller reserves the right to amend at any time the percentage applied when calculating the bonus and the other terms and conditions of the referral bonus scheme. Only the terms and conditions in effect at the date of order by the third party shall apply. It is therefore the responsibility of the Customer to refer to the same. The seller may decide to terminate the referral bonus scheme at any time without giving prior notice and by means of simple notification sent to the Customer.

6. Orders

6.1. Creating a personal space

Prior to placing his/her first order, the Customer may register on the website and create his/her own personal space. To this end, s/he shall provide specific personal information (first name, surname, address, date of birth, email address, telephone number, etc.) and choose a password to access his/her personal space. Before placing an order, the Customer accesses his/her personal space by providing his/her unique identifier (email address) and password. Creation of a personal space (and placing an order) shall be reserved for natural persons of full age and capacity. The Customer shall bear liability for use of his/her access information which s/he shall undertake not to divulge to a third party. As a security measure, Customers shall be advised to change their password on a regular basis. In the event of loss of access information or use of access information by a third party, the Customer undertakes to inform the seller of the same without delay.

The Customer shall ensure the accuracy of the information provided on his/her personal space and undertakes to update the same without delay in the event of changes.

6.2. Conclusion of the contract: stages

6.2.1. Orders

Orders may only be placed by natural persons of full age and capacity. Where the Customer has a personal space on the website, s/he accesses the same prior to placing an order. Where the Customer has no personal space, s/he provides specific personal information (first name, surname, date of birth, email address, telephone number, etc.) required for his/her order to be processed.

The Customer selects the products that s/he would like to buy from the catalogue, personalising them with reference to the options available (dimensions, colour, etc.) and adding them to his/her "Basket". Once the selection has been made, the Customer accesses the summary of his/her order by clicking on "View My Basket". The Customer can then change the quantity of products ordered and provides the chosen address for delivery. The summary includes all elements of the order (products, quantities, prices, delivery and shipping costs). The Customer is invited to accept the GTCS and to validate his/her order and then provides information pertaining to the method of payment. Once this operation is completed, the order is registered automatically and shall become binding and final for the Customer. The automatic registration systems of the website handbend.com shall be considered as valid proof of the nature, content and date of the order.

6.2.2. Order confirmation

The seller shall confirm acceptance of the Customer's order by email. The order shall not be binding and final for the seller until such time as the order is confirmed by the seller. The seller reserves the right not to accept the order, in whole or in part, in particular for the following reasons: unavailability of products ordered, order pertaining to abnormal quantities or amounts, a foreseeable problem concerning delivery, lack of payment authorisation by the payment centres consulted, dispute pertaining to the Customer's payment of sums owed for a previous order. Unavailability of specific products shall not affect the order of other products.

6.3. Archival storage and contractual evidence

OUR FURNITURE shall archive notifications (including order confirmations), purchase orders and invoices at a back-up location so as to retain a true and lasting copy for a period of 10 years from the date of delivery of the products. The said notifications, purchase orders and invoices may be produced as evidence of the contract.

The Customer may request disclosure of the archived documents from OUR FURNITURE at any time by writing to the following email address: us@ourindustries.eu or the following postal address: 2 rue d’Hauteville, 75010 Paris, France.

7. Cancellation rights inapplicable

Products are personalised and designed according to Customer specifications. Thus, as products are made-to-order, the Customer has no right to cancel under Article L. 121-20-2 of the French Consumer Code.

8. Payment

8.1. Payment methods

Payment shall be made immediately upon order via Stripe.

8.2. Payment security

Payment is made via a secure system for online payments which allows the Customer to encrypt transmission of his/her banking data.

9. Delivery

9.1. Date of delivery

OUR FURNITURE undertakes to deliver the products ordered in compliance with the latest delivery date specified in the order summary referred to in § 6.2.1.

9.2. Delivery methods

Products shall be delivered by carrier to mainland France and to other countries whose name is listed on the website, to the address provided by the Customer when placing his/her order. Where the Customer is not present when the carrier first attempts delivery, the said carrier leaves a delivery note inviting the Customer to make contact to arrange a suitable time and date for redelivery. Where the Customer is not present when the carrier attempts delivery for the second time as arranged, the Customer may choose to collect his/her package from the carrier's premises, at no cost, or to reschedule delivery upon payment of supplementary costs to the carrier in accordance with the carrier's own charges.

In the event of damage or partial loss of the delivery package, it is the Customer's responsibility to set out reservations to the carrier in writing and within the three days following receipt of the delivery. The said reservations should also be sent to OUR FURNITURE by email to the following address: us@ourindustries.eu or by post to the address at the head of the present document.

9.3. Late delivery

Delayed delivery after the latest date for delivery provided to the Customer and not due to a force majeure event or to the Customer may lead to cancellation of the sale by the Customer who may cancel his/her order within sixty working days from the specified delivery date by letter sent by recorded delivery with acknowledgement of receipt, except in the instance that the products are delivered between sending and receipt of said letter. The Customer shall then receive a refund from the seller within thirty days at the latest.

9.4. Product conformity

Where the product does not comply with the order, the Customer should submit a claim to OUR FURNITURE with a view to obtaining a product replacement or cancellation of the sale, whichever the Customer prefers. Where necessary, the seller may ask the Customer to send a photograph of the product in order to verify the non-conformity. Replacement may only occur where the same product, or a product of equivalent quality and price, is available. On the seller's request, the deviating product shall be returned to the carrier designated by the seller or shipped back to the latter at no cost to the Customer (so long as the non-conformity is confirmed), in accordance with procedures set out by the seller to the Customer.

10. Legal warranties

All products provided by OUR FURNITURE shall be covered by a legal warranty pertaining to product conformity as provided for by Articles L. 211-4 to L. 211-14 of the French Consumer Code and by legal warranty in relation to defects of the item sold in accordance with the provisions of Articles 1641 to 1648 and 2232 of the French Civil Code.

Under the said warranties, OUR FURNITURE undertakes to provide a refund to the Customer or to exchange defective products or products which do not correspond with his/her order, whichever the Customer prefers.

Articles L. 211-4, L. 211-5 and L. 211-12 of the French Consumer Code relating to the legal warranty pertaining to product conformity:

Article L. 211-4 of the French Consumer Code:

"The seller must deliver goods in conformity with the contract and bears liability for defects of conformity existing at the time of delivery.

This clause shall apply equally to defects of conformity resulting from the packaging, instructions for assembly or installation where such installation was covered by the contract or performed under the seller's responsibility."

Article L. 211-5 of the French Consumer Code:

"To comply with the contract, the goods must:

1. Be fit for the use ordinarily expected of similar goods, and, where applicable:

  • - correspond to the description given by the seller and possess the qualities presented to the purchaser in the form of a sample or model;
  • - possess the qualities that a purchaser may legitimately expect, having regard to public statements made by the seller, manufacturer or their representative, in particular in advertising or labelling; or

2. Possess the features defined in a mutual agreement concluded by the parties or be fit for any particular purpose sought by the purchaser and made known to the seller and accepted by the seller."

Article L. 211-12 of the French Consumer Code:

"The limitation period for making a claim as a result of defect of conformity shall be two years from delivery of the goods."

Articles 1641 and 1648, para. 1 of the French Civil Code pertaining to the legal warranty against latent defects:

Article 1641 of the French Civil Code:

"The seller is required to provide a warranty against latent defects of the item sold which render it unfit for its intended purpose or which so impair that purpose that the purchaser would not have acquired it, or would have done so only at a lesser price, had he known of the defects."

Article 1648, para. 1 of the French Civil Code:

"The limitation period for the purchaser to make a claim as a result of latent defects shall be two years from discovery of the defects."

11. Exclusion of liability

OUR FURNITURE shall bear no liability in the event of non-performance or improper performance of the contract where this is attributable to the Customer's actions (in particular, in the event of failure to observe product assembly or operating instructions) or to unforeseeable and insurmountable actions by a third party to the contract or to force majeure.

12. Claims/complaints

All claims, complaints or requests for information in relation to an order that has been placed may be submitted by email to the After-Sales Service at the following address: us@ourindustries.eu, or by post to: 2 rue d’Hauteville 75010 Paris, France, or by telephone: +33 1 42 77 24 00.

13. Data Protection and Privacy

Details regarding the French Law No 78-17 of 6 January 1978, referred to as the “Data Protection and Privacy Law”, are set out in the GENERAL CONDITIONS OF USE OF THE WEBSITE.

14. Settlement of disputes and applicable law

For all dispute relating to a purchase order and to the present GTCS, the competent adjudicating authorities shall be those in the defendant's place of residence or those in the place of effective delivery of the product.

The present contract and the GTCS governing the same are subject to French law, subject to any contrary and mandatory provisions of the law.

Last update: March 2014