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General terms and conditions of sale

1. Scope of application

The present General Terms and Conditions of Sale (GTCS) govern the sale of products made via the website www.coeo-design.com, published by:

JYA COEO

Company SAS with a capital of €3000

Head office: ROUTE DE MANDAGOUT LD MAS DE CAMPELLE 30120 LE VIGAN

RCS: Nîmes no. 883 053 878

SIRET: 883 053 878 00012

Email : contact@coeo-design.com

The present conditions apply to all sales concluded with consumers and professionals, including those established in:

  • Mainland France,
  • DROM-COM
  • European Union
  • Switzerland
  • Norway
  • United Kingdom
  • Principality of Monaco
  • Principality of Andorra

2. Products

The products offered for sale are those listed on the website www.coeo-design.com on the day of the order, within the limits of available stock. Each product is accompanied by a detailed description allowing the customer to know its essential characteristics.

The photographs, videos, and visuals are for illustrative purposes only and cannot hold JYA COEO liable.

The products offered for sale online are those presented on the website www.coeo-design.com. The products are described using descriptive sheets, presentation texts, and photos accessible on the site and/or communicated via private messages and emails. JYA COEO informs the customer, however, that despite all the attention given to the taking of photographs and technical drawings, these cannot ensure a perfect similarity with the products offered for sale, particularly regarding colours. JYA COEO draws the customer's attention to the fact that raw and natural materials are used to create certain products, and that it is not possible to guarantee consistency between these products. Differences may be visible. These differences may result, in particular, from the colour quality of the photographs, the difficulty of rendering materials on screen, or, without being exhaustive, variations in shades and textures of the raw materials used (wood, steel, etc.), or from the adaptation of the product(s) to the installation location (level of humidity, sunlight, rain, sea air, etc.). These differences cannot in any case be interpreted as defects of conformity or faults and cannot lead to the cancellation of the sale or engage the responsibility of JYA COEO.

Any order constitutes express and irrevocable acceptance of the description of the products provided on the website, in brochures and catalogues, in written exchanges including emails and texts, as well as these General Terms and Conditions.

Some products displayed on the site are not held in stock. These products will be specially made for each customer after confirmation of their order. In the case of ordering products that are specifically manufactured, the customer will not be able to request the cancellation of their order in accordance with Article L 221–28 of the Consumer Code, which excludes the possibility for the customer to exercise their right of withdrawal. Any order will be firm and final and cannot be cancelled without the prior written agreement of JYA COEO.

3. Order

The customer selects the product or products they wish to purchase, then confirms their order after accepting these Terms and Conditions. Any order constitutes a firm and unconditional acceptance of the prices, descriptions, and terms of sale. Automatic recording systems are considered as proof of the nature and content of the order. These provisions do not deprive the consumer of their rights to cancel.

JYA COEO may refuse or cancel an order for legitimate reasons (such as late payment, unpaid debts, obvious pricing errors, stock shortages, or suspicion of fraud), after informing the customer and, where applicable, providing a full refund of the amounts paid. JYA COEO reserves the right to refuse any order in the event of a prior payment dispute or obvious anomaly.

4. Price

The prices are indicated in euros (€), all taxes included (VAT). Delivery charges are shown before final confirmation of the order.

JYA COEO reserves the right to change its prices at any time, but products will be charged based on the rate in effect at the time of order confirmation.

5. Payment

The payment is made in full at the time of ordering, by credit card, bank transfer, or any other secure payment method offered on the site. The order is only considered final after payment confirmation.

6. Delivery

The delivery times indicated are for guidance only. In the event of an abnormal delay, the customer may request the cancellation of the sale in accordance with Article L216-2 of the Consumer Code.

The delivery will take place provided that the courier can access the specified location via the usual routes (gate, carriage door, landing door, lift, stairs). Any delivery outside of these usual access routes may incur an additional charge. The Client must expressly inform JYA COEO of any access difficulties. The client must also inform the delivery service provider of the access difficulties so that they can organise the delivery of the goods under the best conditions. In the event that the delivery is carried out by a provider independent of JYA COEO, reference should be made to the delivery conditions of that provider. The client will be in direct contact with the provider and will be able to access information regarding the delivery of their order directly.

For any delivery, the customer must ensure the accuracy of the address provided to JYA COEO and clearly indicate, at the time of ordering, any difficulties that the delivery person/transport company may encounter when delivering the Products that make up their order, particularly due to their weight or volume. Prior to any order, the customer must ensure that each ordered product can be delivered without difficulty and check that the dimensions of the products with packaging specified on the product sheet fit the constraints specific to their home (lifts, stairs, corridors, doorways, destination room, etc.). The customer must therefore take all necessary measures for the smooth running of the delivery. By validating their order, the customer certifies that the delivery of the products is possible under normal conditions. Any difficulty encountered during the delivery of the products for which the Customer is solely responsible will result in the customer being charged for the costs related to a new delivery of the products (new delivery, disassembly, passing through a window, etc.). Therefore, it is the customer's responsibility to verify that the products can be transported to their floor or inside their home, particularly by considering the size and volume of the doors, the staircase, or the lift in relation to the specifications of the Products in terms of size and volume. Consequently, if there are one or more constraints related to the premises or access means at the delivery location, particularly delivery without a lift beyond the third floor or unsuitable doorway dimensions, the customer must contact JYA COEO to inform them. JYA COEO will prepare a quote taking these constraints into account. In the event of acceptance of the quote, the costs will be borne by the Customer and must be paid no later than at the time of delivery.

The inability to deliver the products to your floor or inside your home, in the absence of information regarding the need to use specific delivery methods, shall not engage the liability of JYA COEO.

The customer is required to check the condition of the products upon receipt. In the event of damage, they must clearly state their reservations on the delivery note. Upon delivery, we invite you to inspect the package and, if necessary, to make reservations with the carrier. The absence of reservations does not affect your legal rights under the conformity guarantee for 2 years. Please report any defects to us within a reasonable timeframe.

6.5. Storage fees in the event of delivery postponement

If the customer places an order and pays all or part of the amount, but requests to postpone the delivery, shipping, or collection date, and this postponement exceeds two (2) months from the initially scheduled or announced date, JYA COEO reserves the right, at its sole discretion, to charge storage fees.

These fees are set at a flat rate of €100 excluding VAT per month, with any month commenced being payable in full.

The storage fees are payable before the delivery or actual collection of the order.

In the absence of payment of the said fees within a reasonable time, COEO may:

  • either suspend the delivery,
  • either cancel the order,
  • and retain the deposits received as a fixed compensation, without prejudice to any other damages and interests that JYA COEO would be entitled to claim.

For deliveries made to the DROM-COM, the customer is invited to carry out a careful inspection of the parcels and products at the time of receipt (condition of the packaging, signs of impact, number of parcels, apparent conformity).

In the event of an anomaly (damaged, opened, missing parcel or damaged product), the customer must make precise and detailed reservations on the delivery note (or the carrier's electronic support) and, when possible, refuse the obviously damaged parcel. The customer must also notify JYA COEO as soon as possible, attaching photos.

It is reminded that, in accordance with articles L216-4 and following of the Consumer Code, in the case of a sale to a consumer when the carrier is proposed by JYA COEO, the risk of loss or damage is only transferred to the consumer at the moment when they (or a third party designated by them, other than the carrier) physically take possession of the goods.

The products are dispatched to the address provided by the customer at the time of ordering.

For deliveries made to the DROM-COM, the customer assumes responsibility for the risks associated with transport from the moment the goods are handed over to the carrier. The customer must check the condition of the parcels and make specific reservations in the event of damage. Otherwise, no claims will be accepted. Local taxes and duties remain the responsibility of the customer.

7. Retention of title clause

By express agreement, and in accordance with articles L.216-1 and following and L.221-15 of the Consumer Code, the ordered products remain the property of JYA COEO until full payment of their price by the customer. In the event of non-fulfilment of its obligations by the customer, for whatever reason, JYA COEO shall be entitled to demand the immediate return of the products at the customer's expense, risk, and peril.

8. Withdrawal (sale to consumers in France)

8.1. No right of withdrawal in the case of sales at exhibitions or fairs

In accordance with Article L224-59 of the Consumer Code, before the conclusion of any contract at a fair, exhibition or any similar commercial event, the professional informs the consumer that they do not have a right of withdrawal.

As a result, orders concluded at the stand are firm and final, unless otherwise stipulated or with prior written agreement from JYA COEO.

8.2. Legal withdrawal period

In accordance with Article L221-18 of the Consumer Code, the consumer customer has a period of 14 days from the receipt of their order to exercise their right of withdrawal, without having to provide a reason or pay any penalties.

The products must be returned unused, complete and in their original packaging. Return costs are the responsibility of the customer.

The refund will be processed within a maximum of 14 days after receipt and verification of the quality and quantity of the returned products.

The right of withdrawal does not apply to personalised or custom-made products, nor to products that have been used or damaged by the customer, and during the return transport if the return packaging has not been suitable to protect the parcel. The parcel travels at the customer's risk, and it is recommended to insure the products being returned.

Find the details of the returns policy here

9. Guarantees

The products sold benefit from the legal guarantee of conformity (articles L217-3 to L217-14 of the Consumer Code) and the guarantee against hidden defects (articles 1641 to 1649 of the Civil Code).

In the event of a defect or non-conformity, the customer must inform JYA COEO within a reasonable timeframe and return the product in question. The return can only be made after obtaining the express written consent of JYA COEO.

In addition to the legal guarantees, certain products come with a commercial warranty, the terms and duration of which are specified on theSite Guarantee Page. This commercial guarantee is in addition to legal rights and in no case does it restrict them.

Are excluded from any warranty:

  • The uses and maintenance not in accordance with the instructions provided with the product, as well as any defects in use or maintenance.
  • The damage caused by handling errors, connection errors (whether carried out with the original accessories or with other accessories substituted by the customer), by misuse or abnormal use, by intentional or accidental physical modification, or by use for professional or commercial purposes.
  • The spare parts or accessories whose replacement results from normal wear and tear, or from routine maintenance operations: bulbs, batteries, seals, etc.
  • The damage caused by an external event (lightning, water damage, etc.).
  • The interventions carried out on the device by any person not authorised by the after-sales service, as well as the malfunctions and damages resulting from such an intervention.

10. Limitation of liability

JYA COEO cannot be held responsible for damages resulting from improper use of the product or use that does not conform to its intended purpose. JYA COEO's liability cannot be engaged for indirect harm.

ON THE INFORMATION PROVIDED BY THE CUSTOMER: the customer is required to verify the completeness and accuracy of the information they provide to JYA COEO at the time of ordering, particularly the delivery address.

The customer is responsible for the information they provided during registration and at the time of ordering. JYA COEO cannot be held responsible for any input errors that may lead to delivery mistakes. If the delivery address is found to be incorrect or if the customer decides to change the delivery address after the products have been dispatched by JYA COEO, the costs of the new delivery will be borne by the Customer.

ON THE CHARACTERISTICS OF PRODUCTS: the choice and purchase of products by the customer are solely and exclusively their responsibility. Consequently, the total or partial inability to use products, particularly due to incompatibility of the products with the environment and the customer's specific needs (habitat, characteristics unique and personal to the customer), cannot give rise to any compensation, reimbursement, or questioning of the liability of JYA COEO, except in the case of a proven hidden defect, non-compliance, defectiveness, or the exercise of the right of withdrawal as provided for by the provisions of the Consumer Code.

ON THE SPECIFIC CASE OF STEEL PRODUCTS: under normal conditions, Corten steel will develop a regular surface layer whose colour may vary and cannot be determined. This layer of corrosion may flake when Corten steel products are placed in humid locations, such as those near the sea or coastline due to high levels of salinity and humidity.

Flaking will not cause damage, but the flaked corrosion must be removed to prevent the formation of corrosion on the Corten steel surface and allow the patina to reform. By validating their order, the customer acknowledges being informed that Corten steel is a dynamic steel that can react differently depending on its location, and that the evolution of this steel cannot be anticipated, particularly near the sea or ocean.

By validating their order, the customer also acknowledges being informed that Corten steel may lead to run-off that can damage the floors and other materials located near the Corten steel Products. Therefore, Corten steel products may degrade terraces and other surfaces on which they are placed. JYA COEO cannot be held liable for any damage resulting from the corrosion of Corten steel products. In any case, JYA COEO shall not be held responsible and therefore not obliged to compensate for the normal consequences of the ageing process of Corten steel (including, in particular, run-off on the ground, differences in shades and colour...), as well as in the event that the maintenance and usage recommendations for the Product(s) have not been observed by the customer. In the event of degradation of the Corten steel products or the supports on which they are placed, JYA COEO cannot be held liable.

JYA COEO also disclaims any responsibility for colour differences that may appear on the griddle and the grill due to, in particular, a phenomenon of corrosion. As these two elements are made of carbon steel, it has been specified to the customer, notably in writing on the sales and communication materials of JYA COEO, the technical data sheets, or on the website, that colour differences may appear on the griddle and the grill due to, in particular, the removal of scale after exposure to certain atmospheric conditions (e.g.: humidity).

JYA COEO shall not be held responsible for any damages resulting from the improper use of the products by the customer or in the event of an unforeseen circumstance or force majeure.

11. Personal data

The data collected on the website www.coeo-design.com is necessary for processing orders and managing customer relations. It is processed in accordance with the General Data Protection Regulation (GDPR). The customer has the right to access, rectify, and delete their personal data by writing to contact@coeo-design.com.

12. Intellectual Property

All elements of the site (texts, images, logos, graphics, videos) are the exclusive property of JYA COEO and are protected by copyright and intellectual property law. Any reproduction is prohibited without prior written permission.

All elements of the site (texts, images, drawings, and the layout as well as the graphic charter of this site) are and remain the intellectual and exclusive property of JYA COEO. The client is not authorised to reproduce, exploit, distribute, or use in any capacity, even partially, elements of the Site whether they are visual or auditory. It is prohibited to copy, extract, distribute, modify, or adapt the content of the site.

The downloading as well as the printing of text, images, and graphic elements are permitted for private and non-commercial use only. The reproduction of drawings, images, sound documents, video sequences, and texts in other electronic or printed publications requires the prior written consent of JYA COEO.

The lack of authorisation is punishable by the offence of counterfeiting. The COEO brand and its logo are registered and protected. Any total or partial reproduction made from the elements of the Site without the express authorisation of JYA COEO constitutes the offence of counterfeiting punishable by articles L335-2 and following of the Intellectual Property Code.

The databases established by JYA COEO are protected by copyright as well as by the law of 1 July 1998 transposing into the Intellectual Property Code the European directive of 11 March 1996 concerning the legal protection of databases. Any extraction may only be limited and carried out for private purposes. Any simple link or hyperlink is strictly prohibited.

As a result, the client may access the content of the database and any other elements of the site and display them only for non-commercial and private use.

The Products are protected under the Law of designs and models as well as copyright law

13. Applicable law and competent jurisdiction

The present General Terms and Conditions are governed by French law. In the event of a dispute, an amicable solution will be sought before any legal action is taken. Failing that, the competent courts will be those within the jurisdiction of the registered office of JYA COEO.

14. Divisibility of clauses

The fact that any clause of the General Terms and Conditions becomes null, unenforceable, obsolete, illegal or inapplicable due to a law, regulation or as a result of a final decision by a competent court shall not affect the validity, legality, or applicability of the other provisions of these General Terms and Conditions, which shall remain in force.

The Client shall remain obliged to fulfil its contractual obligations and shall not be able to claim any exemption from liability in this regard.

15. Non-reconciliation

The fact that JYA COEO does not invoke any provision of the General Terms and Conditions at any given time cannot be interpreted as a waiver of the right to invoke that provision subsequently or hinder JYA COEO's exercise of any other right or privilege.

16. Consumer mediation (individual clients)

In the event of a dispute that is not resolved amicably, the consumer can resort free of charge to a mediator or conciliator for consumer issues:

Conciliation: To find a Justice Conciliator near you, visit the website of the conciliators of France:

https://www.conciliateurs.fr

In the absence of an amicable agreement, the law applicable to the contract is French law. These general conditions and the acts and disputes arising therefrom are therefore subject to French law.