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Conditions générales de vente
1 Application of General Conditions of Sales (G.C.S.).
These General Conditions of Sales apply to any use of and all orders placed on the website www.starbay.com.
Starbay.com reserves its right to adapt or amend the present G.C.S.
The version of the General Conditions of Sales for any transaction shall be the one which is published online on the site at the time the order is placed.
These terms will apply to all purchases made via the website starbay.com or by phone using our customer service.
The Site is published by Shogun Déco S.A.S, a simplified joint-stock company registered under the French law] with a capital of 120,000 Euros, whose registered office is located in CRETEIL (94000) 7-9 rue Jean Jaurés, listed on the CRETEIL Commercial and Trade Register under number 1986 B 19547 since 1977. The intra-Community VAT number is FR 57 306 771 536.
2 Products.
The products offered for sale are those described on the Site. The product photographs are non-binding.
There may be minor differences between the products shipped and those shown on the Website. All Starbay furniture is fully hand-made in the traditional way. Any furniture produced in our factory is a unique piece. While every effort is made to ensure that the colours and design of the Starbay furniture in the photographs displayed on our website reflect the original products, variations may occur due notably to the technical restrictions of colour reproduction of customer computer equipment. Accordingly, Starbay shall not be liable for any error or insubstantial inaccuracy in the photographs or depictions of Starbay products displayed on the Starbay.com website.
If the customer has any question about the products, he may of course contact our Customer Service
3 Delivery Zone.
These G.C.S apply to Products delivered to Customers residing world-wild.
For country outside European Community excepted the following countries: Principality of Monaco and Switzerland, the order is only validate if we are able to provide you, to your delivery address a quote with the freight costs.
4 Ordering.
Telephone.
Orders by telephone should be placed with the Customer Service on tel. no.: +33 (0) 1 69 51 61 80 from 10am to 7pm from Monday to Saturday, excluding bank holidays and Wednesdays. The customer will need to supply his Credit / Debit Card number or bank details to the Customer Service.
Once the customer's bank accepts the transaction, his order is transferred directly to the Company order shipping department and is deemed to be accepted by the Company
Website.
Placing orders on the Site is subject to compliance with the procedure implemented by Starbay and described below, depicted online by a series of steps indicating the successive phases the customer must follow.
4.1 Cutomer's item selection on the Website.
The customer selects, and confirms the identification and quantity of the items he wishes to order. These items are added to the customer's "Shopping Bag".
4.2 Reviewing the content of the "Shopping Bag" Online.
The customer may freely review and modify the content of the "Shopping Bag" by removing an item originally selected, changing the quantities ordered or adding an item. The "Shopping Bag" automatically displays the price of the items.
4.3 Confirming the selected items and placing the order.
When the customer has complete his selection, his identification becomes necessary in order to confirm the content of the "Shopping Bag". The customer must also confirm the delivery address, the shipment mode, the shipping cost of the order being specified at this time and the payment method chosen.
The customer should confirm his order and The Shopping Bag" is transferred directly to the Company's order shipping department, and the customer's registered order number is displayed.
4.4 Company's acknowledgement of the order.
Starbay will acknowledge receipt of the customer's order without delay by sending an automated email to the customer's email address. Such automated email is a confirmation that the customer's order has been placed but does not constitute acceptance of the customer's order.
4.5 Company's acceptance of the order.
No within six days following the display of the registered order number, the Company will confirm acceptance of the order via e-mail sent to the customer’s e-mail address. This confirmation e-mail will set out all information related to the order, including availability of items ordered, delivery deadlines or payment method chosen.
5 PRICE / PAYMENT.
Price Determination.
Product prices are given in euros, including all taxes, except shipping costs are which are not included. The shipping costs are given separately at the same time if it's possible to automatically calculate it. If it' is not possible, a quotation will be made by our office and sent to the client. When the order is not part of our Delivery Zone as defined in paragraph 3 above, the customer can himself take possession of the product using its own carrier forwarder. In this case, the client must contact by phone the Starbay customer service or send a contact mail to Starbay.
Starbay reserves its right to change its prices at any time. However, products will be invoiced on the basis of applicable prices at the time the order is received, subject to product availability.
Payment Terms.
Products are payable in full on the day the order is placed . Purchases shall be paid for either by:
- Credit or Debit Card :
Customers are directed to a dedicated area provided by a bank, to ensure the safety of transactions and records the payment order. In this regard, Customers hereby expressly acknowledge that providing their card number to the bank is deemed to be an authorization to debit their account for the amount corresponding to the products ordered.
- Bank Transfer :
The bank account identification information to make the transfer is provided by e-mail to the Customer. Orders paid for by bank transfer shall be processed upon receipt of the deposit transfer when ordering.
The data recorded and retained by Starbay shall constitute proof of order and of all transactions.The data recorded by the payment system shall constitute proof of the financial transactions.
6 Delivery.
A carrier will deliver the order in accordance with your select (standard or Gold delivery). The shipping department will contact the customer to arrange for a delivery date within the time frame indicated on your order summary.
Before placing your order, you must check the dimensions of the products to make sure they can be delivered via normal access to the area where you intend to set them up.
Unless otherwise stipulated in the order, items will be delivered within approximately 20 business days from the order confirmation Customer will be given an estimated delivery date when he places its order on the website. Carrier's shipping department will contact you (phone, email or SMS) to arrange for a delivery date. If the carrier cannot deliver the products on the agreed date because the customer is not at home or if the carrier was not informed of special delivery requirements, the customer may have to pay additional delivery charges and/or order may be cancelled. Product risks are transferred to the customer at the time of delivery or attempted delivery by the Starbay shippers on the arranged date. If some of the products in your order become available at different times, Starbay will offer to deliver them as they become available. If the customer choose this option, the delivery costs set out in point 3.2 will apply to each shipment. Otherwise, products will be shipped once they all become available.
Pursuant to article L114-1 and L121-20-3 of the French Consumer Code, customer can cancel any order if delivery is more than 7 days late with respect to the shipment date confirmed by Starbay. Except in the event of Force Majeure as recognised by the jurisprudence of French Courts. Cancellations must be sent by registered letter with return receipt no later than 30 business days after the scheduled delivery date, and must be received before the Products are delivered. Before signing the delivery note, the Customer must check the state of the product and the number of parts received. No claim shall be admissible, after signing the delivery note.
7 Right of Cancellation.
In accordance with articles L.121-20 of French Consumer Protection Law (“Code de la Consommation”), private consumers (as opposed to businesses) have fourteen (14) clear days from the date of delivery to exercise his right of cancellation without having to give reasons.
The customer must, by registered letter with return receipt, unambiguously express its willingness to withdraw, enclosing a copy of the related, the order number and the delivery date.
To exercise his right of cancellation after the Starbay items have been delivered, the customer must return the delivered item within the stated period, in its original packaging, in the same condition in which it was delivered, complete (with accessories, manual, warranty document etc.) with a copy of the invoice to the Starbay address. The costs of returning the Starbay Items will be borne by the customer. Reimbursement of the billed price of returned items will be made by crediting the customer's bank account or credit/debit card as soon as possible and in any case within a period not exceeding thirty days from the notification by the customer of the cancellation of the contract. Items that are returned incomplete, spoilt, damaged, deteriorated or dirty will not be reimbursed. When the Starbay Items are delivered to a third party chosen by the customer, the right to cancel the Contract under this clause can only be exercised by the customer and cannot in any circumstances be exercised by the third party.
8 Warranty.
All products are guaranteed against manufacturing defects. The products are warranted to be free from design flaws for a period of one year from the date of delivery. During the warranty period, Starbay will exchange or refund the products for which Starbay will give its approval after finding defects. The costs of returning the Starbay Items will be borne by the customer.
To implement the warranty, the customer must send by registered mail a description of the defects, a copy of the invoice and one or more photos of the items highlighting the defects as identified.
The warranty only applies to normal use (non-professional).
This warranty does not cover : Any damage to the product caused by natural wear. Products exposed to excessive use, specifically involving those other than private use. Any damage to the product resulting from poor maintenance, misuse or improper use. Any modification or repair made by the customer or a third party. Damages caused by other objects, other events such as accidents, shocks, fire, vandalism, water damage, natural or artificial light (discoloration) natural disasters or bad weather.
9 Applicable Law.
All clauses contained in the General Conditions of Sales, along with all relevant purchases and sales transactions are subject to French statutory laws. In case of dispute, French courts shall have jurisdiction. In case of difficulties or complaints regarding an order, customers can contact the customer service to find a friendly solution.
10 Personal Data Protection.
In accordance with the Data Protection and Privacy Act of January 6, 1978 regarding data processing, filesand freedom of information, everyone has the right of access, correction and objection to personal data relate to themselves.
