General Terms and Conditions of Sale
Ebenisterie Auboi: refers to Sarl Auboi, cabinetmaking, 160 rue de la Chapelle 76190 AUZEBOSC, France, Siret n°402 895 056 000 32, registered at the RCS of Rouen, created the 27/11/1995, UE VAT number FR93 402 895 056, publishes and operates the website https://www.auboi.com, hereafter, the seller. Ebénisterie Auboi can be contacted by email at : firstname.lastname@example.org or via the website contact form, and by phone at 00 33 2 35 56 20 75 from Monday to Friday 9am to 5 pm (call charges according to operator).
The customer: refers to any person who places an order for product(s) with Ebénisterie Auboi.
The General Terms and Conditions of Sale (GTCS) are subject to French law to the exclusion of any other law. For all sales in the European Union, the applicable law shall be Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I), and all the directives applicable to the matter, and in particular Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts and Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights.
Article 1: Purpose / These general terms and conditions of sale detail the rights and obligations of Ebénisterie Auboi and its customer in the context of the sale of the following goods: workshop furniture and storage furniture, and other furnishings. Any service provided by Ebénisterie Auboi implies the client’s unconditional acceptance of these general terms and conditions of sale. Ebénisterie Auboi reserves the right to modify its products and to withdraw them from the market.
The GTCS can be consulted on the Ebénisterie Auboi website: www.auboi.com. Specific conditions may apply to certain products. In this case, the customer will be informed in advance. Any order of products implies, where applicable, the acceptance of the specific conditions applicable.
Ebénisterie Auboi reserves the right to adapt or modify these GTCS at any time.
In the event of a change to the GTCS, the version of the GTCS applicable is the one appearing online on the Site at the time of the Order.
Article 2: Products / The products that may be ordered are presented on the site and on the descriptive sheets sent to the client by email or post. Ebénisterie Auboi takes the greatest care in the presentation and description of these products in order to provide the Customer with the best possible information, so that the latter can know the essential characteristics of each Product before placing a final order. For technical reasons (photographic and computer), the actual rendering of the products may sometimes differ slightly from the photos presented on the site. The photographs and visuals of the products on the site and on the datasheets are not contractual. The customer acknowledges that the photographs and visuals may not perfectly reflect the appearance of the product or that the actual visual impression may be slightly different from that of the photograph or visual. The customer should refer to the product characteristics mentioned in the product description. The customer can contact Ebénisterie Auboi using the contact details indicated on the site for any questions or requests for additional and complementary information on the products
Article 3: Prices / In France, the prices of our products are indicated in euros including all taxes (VAT and other taxes applicable on the day of the order and according to the country of destination) unless otherwise indicated and excluding processing and shipping costs (Metropolitan France and Corsica). For the DOM TOM, contact Ebénistrerie Auboi.
For foreign customers, the prices of our products are indicated in euros, excluding taxes and excluding processing and shipping costs.
In view of the European regulations in force since 1 July 2021, the VAT applicable in the country of destination will be added to the order for EU customers.
For non-EU customers, no VAT will be added by the seller. The VAT applied in the country of destination will be directly invoiced to the customer by the competent authorities upon arrival of the products in the country of destination, except in the case of international agreements. Custom duties (exportation and importation custom fees) will be included to the transportation costs.
All orders, whatever their origin, are payable in Euros. Ebénisterie Auboi reserves the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is placed.
Article 4: Discounts and rebates / The proposed prices include any discounts and rebates that Auboi cabinetmaking may grant in view of its results or the assumption of responsibility by the client for certain services.
Article 5 : Cash discount / No discount will be granted for early payment.
Article 6: Ordering / Before proceeding with the purchase, you will be asked to read the General Terms and Conditions of Sale carefully. The order will be taken into account upon receipt of the signed quotation, by post or by e-mail, or an acceptance e-mail containing the quotation number. Ebénisterie Auboi reserves the right to refuse any request to modify an order after the date of validation of the order. In case of acceptance, the delivery times initially planned will be revised in order to ensure the execution of the new order. Any confirmation of an order implies full acceptance by the customer of these general terms and conditions of sale, without exception or reservation.
Article 7: Right of withdrawal / In accordance with the provisions of Article L. 121-20 of the Consumer Code, the customer has a legal period of fourteen (14) days from receipt of the product, by himself or by a third party designated by the customer, to exercise his right of withdrawal, without having to give a reason or bear other costs than the cost of returning the product (when the period of 14 days expires on a Saturday, Sunday or holiday or day off, it is extended until the next business day). To exercise their right of withdrawal, the customer must, before the expiry of this 14-day period, inform Ebénisterie Auboi of their decision to withdraw by sending a statement without ambiguity, either by post to the following address Ebénisterie Auboi, 160 rue de la Chapelle 76190 AUZEBOSC, France or by email: email@example.com. The customer can use the withdrawal form at the end of these GTCS (see article 17) and in the order confirmation email, but this is not an obligation. If he/she exercises his/her right of withdrawal under the conditions specified above, the customer must return or restore the Product(s) concerned to: Ebénisterie Auboi, 160 rue de la Chapelle 76190 AUZEBOSC, without undue delay and, in any case, no later than fourteen (14) days following the communication of his or her decision to cancel. The cost of returning the Products is the responsibility of the Customer. The Customer must return the Products to Ebénisterie Auboi in their original condition and complete, correctly protected and packaged, so that they can be put back on sale. In the event of depreciation of the product (damaged, scratched, deformed, traces of wear and tear, or any other damages.) resulting from handling other than that necessary to establish its nature, characteristics and proper functioning, the Client may be held responsible. Ebénisterie Auboi will reimburse the client for all sums paid, including the initial delivery costs (with the exception of additional costs arising from the fact that the client has chosen, if applicable, a more expensive delivery method than the standard delivery method proposed by Auboi) without undue delay and at the latest fourteen (14) days after receiving the product(s) concerned. However, reimbursement may be deferred until the Product(s) concerned have been recovered or until the Client has provided proof of shipment, the date retained being that of the first of these facts. Beyond this date, the sums due will be increased by right in accordance with the provisions of article L.121-21-4 of the French Consumer Code. The refund will be made using the same means of payment as that used by the customer for the initial transaction unless the customer expressly agrees to a different means. This refund will not incur any costs for the customer. In accordance with the provisions of Article L. 121-20-2 of the French Consumer Code, the right of withdrawal does not apply to customised adaptations of furniture from the proposed ranges, nor to any customised creations.
Article 8: Terms of payment / If the purchase is made via the online store, payment is made either by credit card or by bank transfer. For orders placed via the contact form, by email or by telephone, payment is made by bank transfer. When paying by bank transfer, the customer can choose to pay the entire order, or to pay a deposit of 30% of the total amount of the order, the balance to be paid no later than 48 hours before the shipment of the goods. Any bank charges relating to payment by bank transfer or credit card are the responsibility of the customer.
Article 9: Late payment / In the event of total or partial non-payment of the goods delivered on the day of receipt, the client must pay to Ebénisterie Auboi a late payment penalty equal to three times the legal interest rate. The legal interest rate is the one in force on the day of delivery of the goods. The legal interest rate will be revised every 6 months (Order n°2014-947 of 20 August 2014). This penalty is calculated on the amount including VAT of the sum still due and runs from the due date of the price without any prior formal notice being required. In addition to the late payment penalties, any sum, including the deposit, not paid on its due date shall automatically give rise to the payment of a fixed penalty of 40 euros due for collection costs (Articles 441-6, I paragraph 12 and D. 441-5 of the French Commercial Code).
Article 10: Resolutory clause / If within fifteen days of the implementation of the „Late payment“ clause, the client has not paid the remaining sums due, the sale will be automatically resolved and may give rise to the right to claim damages from Ebénisterie Auboi.
Article n° 11: Property reserve clause / The seller retain the property of the goods sold until full payment of the price, in principal and in accessories. In this respect, if the client is the subject of a receivership or liquidation, Auboi Cabinet Makers reserves the right to claim, within the framework of the receivership procedure, the goods sold and remaining unpaid.
Article 12: Delivery / Delivery is made either by courier or by sea carrier (outside EU). A direct collection of the goods from the workshop is possible.
The products are delivered to the address indicated by the Customer on the order form; the Customer must ensure that this address is correct.
The delivery time is indicated when the quotation is sent and is given as an indication. Consequently, any reasonable delay in the delivery of the products shall not give rise to the payment of:
– the allocation of damages and interest.
– the cancellation of the order.
In the event of a delay in delivery of more than 20 days, the Customer will be informed as soon as possible. The Customer will then have the choice between:
– cancel the order and be reimbursed for the sums already paid.
– keep the order.
If the Customer does not respond within 10 days, the seller will consider the order as retained.
The seller undertakes to bear the risks of transport except when the customer collects the goods himself or deals with his own carrier.
The customer undertakes to provide the seller with all information required for the correct delivery of the goods.
I It is the customer’s responsibility to check the condition of the box(es) at the time of delivery. Upon receipt of the goods, in the event of missing or damaged goods during transport, the customer must formulate all necessary and descriptive reservations on the delivery note. These reservations must also be confirmed in writing within two days from delivery, by registered letter with acknowledgement of receipt, in accordance with Article L211-1 of the Consumer Code. Except in the case of hidden defects and legal guarantees, no claim will be taken into consideration if it is not mentioned on the delivery note presented by the carrier.
If the delivery time is exceeded, the customer may cancel the contract, under the conditions and according to the methods indicated in article L.138-2 of the Consumer Code. Ebénisterie Auboi will then reimburse the client for all sums paid, at the latest fourteen (14) days following the date on which the contract was cancelled, under the conditions and according to the methods indicated in article L.138-3 of the Consumer Code.
Article 13: Force majeure / The Ebénisterie Auboi cannot be held responsible if the non-execution or delay in the execution of one of its obligations described in these general terms of sale is due to a case of force majeure. In this respect, force majeure is defined as any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.
Article n° 14 – Intellectual property / The content of the site is the property of Ebénisterie Auboi and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content by any person, whether a buyer, user or simple visitor to the site, is strictly forbidden and is likely to constitute an infringement of copyright. In addition, Ebénisterie Auboi remains the owner of all intellectual property rights on the studies, drawings, models, prototypes, etc. produced (even at the request of the Client) with a view to supplying personalised products. The Client is therefore prohibited from reproducing or exploiting the said studies, drawings, models and prototypes, etc., without the express, written and prior authorisation of Ebénisterie Auboi, which may be conditional upon a financial consideration.
Article 15: Competent court / Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law. In the absence of an amicable solution, the dispute will be brought before the Commercial Court of Rouen.
Article 16: Legal guarantee against hidden defects / The guarantee applies if the defect was hidden, if it existed at the date of purchase and if it renders the product unusable or significantly reduces its use.
Article 17: Withdrawal Form
Name (in capital letters), first name
Post Code Town
Total amount incl.VAT
160 Rue de la Chapelle
Date and place
Subject : Order cancellation
Dear Sir or Madam,
I have purchased (indicate the product purchased) from your company, and I wish to take advantage of my right of withdrawal, in accordance with the provisions of article L 121-18 et seq. of the Consumer Code.
I have sent you the item in question and would therefore like to ask you to reimburse the full amount paid within 14 days.