PREAMBLE
General conditions of sale applicable to consumers
Update June 2020
These conditions are concluded between,
on the one hand:
The company REFURBISHMENT
Registered in 2007 with the Toulouse RCS under SIREN number 500995493
Intra-Community VAT number: FR09500995493
Whose head office is located at:
Place called Louradou ZA Pinet 31180 Rouffiac Tolosan
And on the other hand:
The person (hereinafter referred to as the Customer) wishing to make a purchase on www.sampur.com, our merchant site (hereinafter referred to as the Site).
Article 1: APPLICATION OF THE GTC
These conditions aim to define the terms of sale between the company REVAFOURNITURE , (owner of the SAMPUR brand and the website www.sampur.com) as well as the Customer. The term “customer” is used to designate any person wishing to purchase a product offered for sale on our site.
Please note that certain provisions of these general terms and conditions of sale do not apply to foreign Customers (in particular free delivery).
These conditions govern all the steps necessary for placing and paying for the order. They also ensure the monitoring of this order between the contracting parties.
Placing an order implies the Customer's full acceptance and full adherence to these general terms and conditions of sale, which prevail over any other document of the Customer, unless otherwise agreed by our company. Before placing an order, the Customer acknowledges having the capacity required to contract and acquire the products offered on our site. He also acknowledges having read these terms and conditions.
CONFOREVA reserves the right to modify its general terms and conditions of sale. Any new version of the general terms and conditions of sale may be indicated in advance on the home page of the Site. REVAFOURNITURE . However, the applicable T&Cs are those in effect on the date the order is placed.
Article 2: FORMATION OF THE ORDER
When placing the Order, the Customer guarantees that they have full legal capacity to adhere to these general conditions and to enter into a sales contract with CONFOREVA, owner of the website www.sampur.com .
For any payment by card, the Customer guarantees that he is fully authorized to use said card and that the latter gives access to sufficient funds to cover all costs necessary for the payment of the Order.
Article 2-1: Personal information
When placing an Order, the Customer agrees to provide the mandatory information requested. He also undertakes to ensure the accuracy of this information:
- First and last name.
- Address.
- Phone.
- Email address.
- Type of payment card, card number and expiration date.
Any customer validly registered on the site will be bound by any order which required the use of their email address and personal password (subject to the rights of withdrawal and return as defined herein).
The Customer must check all the information entered during the order (Product ordered, delivery address, billing address, telephone contact details, etc.). All redelivery costs following any incomplete or incorrect information will be borne by the customer. In this case, the customer will refrain from any claim in terms of delivery times.
If after validation of his order, the customer realizes the need to modify certain information, he can do so by contacting customer service as soon as possible in order to best satisfy his request. Additional costs may be requested by our carrier, in the event of a change of delivery address.
Article 2-2: Confirmation email
CONFOREVA sends the customer an order confirmation email summarizing the contractual elements of the sale. The customer can also find the elements of his order in the customer area made available to him.
Article 2-3: Order processing
Orders are processed in the order in which they are received and after validation of payment by our financial institution.
All transactions made with credit and debit cards are charged at the time of purchase (excluding split payment solutions).
Depending on product availability and the order in which orders are received, CONFOREVA reserves the right to make shipments in whole or in part.
Article 3: PRICE
Prices are indicated at the time of ordering and are only valid for deliveries in mainland France (excluding Corsica and DOM/TOM). For all other destinations, shipments are possible but they will require a quote.
Article 3-1: Composition of the price
The prices of the Products sold on the Site are indicated in Euros, including all taxes.
If the price of the same product is incorrect elsewhere on the site (for example on the home page, advertising banner) or in the newsletter, only the price indicated on the product sheet is valid.
The prices indicated on the site cannot be modified once the Customer's order has been placed. They are guaranteed within the limit of available stocks.
Article 4: PAYMENT TERMS
The merchant site www.sampur.com , owned by CONFOREVA, accepts the following European bank cards: Carte Bleue, Visa, Mastercard, American Express Card.
All transactions made with credit and debit cards at the time of purchase (excluding split payment solutions).
The protocol used is the SSL protocol.
In certain cases, particularly in the event of an incorrect address or other problem with the user's account, CONFOREVA reserves the right to block the Customer's order until the problem is resolved.
The customer can obtain an invoice via their customer account or upon simple request by mail or email.
Article 5: AVAILABILITY
The availability date of the Product is indicated at the time the order is placed by the Customer.
In the event of unavailability of the Product ordered, the Customer will be informed as soon as possible and will have the option to cancel his order. The Customer will then have the choice of requesting either a refund of the sums already paid within thirty days of his payment at the latest, or an exchange with a product of equivalent characteristics and price.
If an exchange is not possible, CONFOREVA reserves the right to cancel the order and refund the amounts paid.
Article 6: DELIVERY
Delivery of products offered on www.sampur.com is in mainland France only (excluding Corsica and DOM/TOM). The delivery time is indicated for each product on the product sheet.
Unless otherwise stipulated in these General Conditions of Sale, delivery costs are always the responsibility of the Customer, in particular for deliveries made outside Metropolitan France.
A delay in delivery cannot give rise to any compensation, nor to the cancellation of the current order, nor to the reimbursement of the latter, if it is proven that the delay was caused by the actions of the customer or the recipient of the package or a third party and in cases of force majeure.
If the Customer wishes to cancel his Order, he can choose either a refund or a credit. In the event that the product has already been shipped, the outward and return shipping costs will remain the responsibility of the customer.
If the Customer has entered an incorrect address when placing the Order, the carrier will be unable to make the delivery and the Product will be automatically returned to CONFOREVA. The return costs will remain the responsibility of the customer.
If the Customer decides to make a new delivery, this is at their expense and must be paid before reshipment by contacting Customer Service.
In the event that the package is returned to Sampur's premises due to the customer not making an appointment with the carrier, the cost of returning the package will be borne by the customer. The return costs will be deducted from the order refund.
Upon delivery of the product, the customer must unpack the product in the presence of the Carrier. The customer must then check the conformity of the order delivered in the presence of the Carrier before signing the delivery note.
In the event of an anomaly concerning the delivery, the customer must indicate his reservations in the form of detailed, dated, explicit handwritten observations accompanied by his signature as well as that of the delivery person on the delivery slip and transmit them to REFUND by mail or email.
The absence of complaints, the non-issuance of reservations by the Customer (within 72 working hours or 3 working days following delivery by registered letter with acknowledgement of receipt) means that the product delivered is deemed satisfactory and cannot be the subject of any subsequent dispute.
Article 6-1: Delivery process by post
For products delivered by La Poste , delivery is made to mainland France and Corsica.
In the event that the customer is absent during the initial delivery, a delivery notice will be left in the customer's mailbox. The customer should then collect their order from the post office indicated on the delivery notice within 10 working days following the delivery person's first visit.
After this period of 10 working days, the Product is returned by post to CONFOREVA.
Article 6-2: Delivery by a carrier
Deliveries by carrier are made in front of the customer's home or at the foot of the building.
Some deliveries may be subject to a first "blind" passage by the carrier who, in the event of absence, will leave a delivery notice in the mailbox. However, the majority of deliveries by Carrier are subject to an appointment arranged between the latter and the customer. In order to organize the delivery, the customer will be contacted via SMS or Email. For more information, do not hesitate to refer to our FAQ.
Once the Carrier and the customer have agreed on a date and time slot, the customer must be present on the date and throughout the entire time slot set. In the event that the customer is absent, the Carrier will not be able to make the delivery and any costs related to organizing a new delivery would then be the responsibility of the customer.
In this case, if the customer cannot be present on the day of delivery, he may choose a person authorized to receive the goods. This person will then assume all responsibilities incumbent on the customer.
The Carrier is authorized to judge the accessibility of the premises and may refuse delivery if it considers that the accessibility of the premises is not in accordance with the chosen delivery method. In this case, a quote may be offered to the customer to carry out this additional service.
Article 6-3: Delivery times
Deliveries are provided by different specialized Carriers depending on the nature of the product, the subject of the order. Delivery times vary depending on the Carrier.
CONFOREVA cannot be held liable in the event of the deadline announced being exceeded following the express request of the customer when making an appointment with the Carrier.
In the event of non-receipt of a package on time, the customer may contact Customer Service, which will determine the cause of the delay and communicate it to the customer and will make every effort to provide a solution. If necessary, CONFOREVA will open an investigation into the delivery of the product with the Carrier concerned.
Article 6-4: Delay in delivery and loss of the package
In accordance with articles L 114-1 and R 114-1 and 121-16 and L 121-20-3 of the Consumer Code, for any delivery of a customer's order, in the event that the delivery date announced in the order confirmation email sent by the Seller is exceeded by more than 7 days, the customer may cancel his order and request a refund.
A delay in delivery cannot give rise to any compensation, nor to the cancellation of the current order, nor to the reimbursement of the latter, if it is proven that the delay was caused by the actions of the customer or the recipient of the package or a third party and in cases of force majeure such as those referred to by case law.
The Carrier itself sets the duration of the loss investigation. This period will be communicated by the after-sales service to the customer. The investigation will be opened within 48 working hours following the transmission by the Customer to CONFOREVA of the information of the non-receipt of his order as well as the documents necessary for the opening of this investigation. If during the investigation period, the product is found, it will be delivered to the customer.
If the product is not found at the end of the investigation and only on this condition, CONFOREVA may:
- ship a replacement product at its own expense if it is still available
- refund the price of the order lost by the Carrier
- offer a credit on the next purchase if the product(s) ordered are no longer available
In the event of non-delivery of an order or part of an order, the customer has a maximum period of thirty (30) days from the date of the order to notify Customer Service. After this period, no claim from the customer will be admissible, i.e. any request for exchange, refund or credit will be rejected.
Article 7: RIGHT OF WITHDRAWAL
Article 7-1: General
According to article L 121-20 of the consumer code, the customer has a period of 15 nights (fourteen (14) clear days) from receipt of the Products to exercise his right of withdrawal without having to provide a reason or pay penalties.
The postal or carrier costs of the product to REVAFOURNITURE are the responsibility of the customer.
The product must be returned with the original delivery note to the following address:
REVAFOURNITURE / SAMPUR - Customer service
Place called Louradou - 31180 Rouffiac Tolosan
To be reimbursed, the customer must return the product in perfect condition, if possible in its original packaging and with its protective film. Any compliant return will be reimbursed no later than thirty (30) days following the date of receipt of the product in perfect condition (free of any stains and/or deterioration).
Article 7-2: Exception
In accordance with Article L 121-20-2, withdrawal is excluded for supply contracts:
Goods that are clearly personalized or made to the consumer's specifications (custom-made and non-standard items, custom coatings, colors, rounded corners, specific sizes or thicknesses, items with special additions or modifications such as zippers or special ticking).
Goods opened and not returnable for reasons of hygiene or health protection.
Article 8: PROCEDURES FOR RETURNING PRODUCTS
To exercise his right of return, the customer must first contact Customer Service.
If the return falls within the withdrawal period, the customer must choose their own Carrier and ship the order at their own expense to the address communicated to them by CONFOREVA.
The customer then has 15 days for CONFOREVA to receive the product.
In all other cases (defective products, shipping error, etc.):
- If the Order for which return is desired was delivered by post and the return is due to an error by CONFOREVA or a non-conformity of the Product, Customer Service will send the Customer a return slip allowing them to ship the Product free of charge.
The risks associated with the return of the Product, whatever the cause, are the responsibility of the Customer.
If the Product is lost by the Carrier during this shipment, the Customer is solely responsible and cannot be reimbursed by CONFOREVA. The customer will therefore be considered as the Carrier's principal and will have to settle the dispute with the latter.
In the event of exercising the right of return in compliance with the conditions stipulated herein, the Customer will be offered either a credit or a refund of the purchase amount, excluding the amount of transport costs paid by the Customer.
If the Customer chooses reimbursement, CONFOREVA will make every effort to reimburse the Customer as quickly as possible.
If the Customer is reimbursed by bank re-credit, the speed with which the bank account is credited depends on the type of bank card the Customer has.
Special provision: AGEC Law
From the 1st January 2022 , in application of article L. 541-10-8-I of the Environmental Code (from law n°2020-105 relating to the fight against waste and the circular economy known as the AGEC law) and the implementing decrees, sellers will be required to take back free of charge the used product that the buyer discards within the limit of the quantity and type of product sold.
For this it is necessary to carefully repack the product(s) in plastic or cardboard for hygiene reasons (in the case of a mattress, fold it in two to simplify handling by the drivers) and to indicate a day during which you are available between 8 a.m. and 6 p.m.
Collection cannot be carried out on the day of delivery of your new product but only from the day after.
Article 9: 100 NIGHT TRIAL OFFER
In order to test our products, we offer our customers the possibility of obtaining 100 days to change their mind. This "100 night trial" offer only applies to the initial purchaser (person designated in the "billing" section). It cannot be combined with other offers or guarantees.
This offer only applies to some of our SAMPUR mattresses whose "100 night trial" offer is mentioned in the product sheet. Other SAMPUR brand products have the 14-day withdrawal period governed by article 8-1 of these General Terms and Conditions.
The "100-night trial" offer is not renewable. It does not apply to purchases of SAMPUR mattresses that were made through other distribution channels. It only applies to mattresses purchased on the website www.sampur.com.
This offer applies to products used in a "normal use" context by our customers. SAMPUR reserves the right to refuse support in particular if (non-exhaustive list):
- the mattress has stains related to the non-use of a mattress protector
- the mattress was used without a slatted base or box spring
- the mattress has been ripped open, burned or any other action aimed at damaging it
For the proper handling of the request, the customer must provide us with the invoice for their purchase, photographs of the mattress without any stains or deterioration. They will also be asked to send photos of the packaged mattress at the time of collection.
In the event that the customer refuses to send photographs and in the event that the product received is in poor condition by our teams, in our premises, the guarantee of the “100 night trial” offer cannot be applied and the refund will be refused.
This offer cannot be applied to a defective product not declared within 15 days following delivery of the mattress.
Article 10: GUARANTEES
Article 10-1: Legal guarantee
The Customer may, in any event, rely on the legal guarantee of conformity provided for by Articles L.211-4, L.211-5, L.211-12 of the Consumer Code and Articles 1641 and 1648 paragraph 1 of the Civil Code.
Article L. 211-4 of the Consumer Code: "The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed on him by the contract or has been carried out under his responsibility."
Article L. 211-5 of the Consumer Code: “To comply with the contract, the good must:
Be suitable for the use usually expected of a similar good and, where applicable:
* correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
* present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L. 211-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.”
Article 10-2: Conventional guarantee of the “manufacturer”
The "manufacturer's warranty" covers any material or manufacturing defect. Its implementation (labor requested and necessary transport) may be carried out by CONFOREVA in mainland France only.
CONFOREVA reserves the right not to take back the goods that need to be replaced.
Any product to be covered by the warranty must first be submitted to CONFOREVA's after-sales service, whose agreement is essential for any replacement or repair.
To benefit from the Product warranty, the Customer must keep the purchase invoice for the Product.
In the event of a product replacement following support under After-Sales Service, only the manufacturer is authorized to determine the type of transport and delivery.
We reserve the right to modify the external appearance of our products as long as these modifications do not affect the internal constructions of the latter.
Article 10-3: Conventional guarantee for a SAMPUR mattress
Due to the wear and tear considered normal for a mattress, the guarantee is not complete, but "pro rata temporis". Example for a mattress guaranteed for 5 years: the first year the guarantee is complete then 4 years pro rata temporis of 25% per year over the last 4 years.
Only the core of the mattresses is guaranteed for 5 years against any premature alteration (sagging, deformation, etc.) under normal conditions of use. The filling and contact materials used in the composition of the mattresses can compress slightly during use. Even the most efficient materials such as latex or high-density foam lose some of their firmness during constant use.
This loss, if it does not exceed 15% of the height of the mattress, remains within the tolerance limits. This is normal and does not change the comfort and solidity of your mattress. It therefore does not justify intervention. Oversized and personalized mattresses will not be taken back or exchanged.
Excluded from the warranty:
- Mattresses resting on a non-compliant or unsuitable bed base,
- Damage that may result from abnormal use of the mattress or improper handling,
- Intentional damage,
- The covering fabric, the sewing thread, the zipper and all the elements whose proper performance is linked to the conditions of use,
- Particular phenomena of humidity or heat,
- Attempts to repair or modify the mattress,
- Any product with stains on the cover (ticking, braid, zipper).
In order to preserve your mattress, REVAFOURNITURE recommends the use of a mattress protector throughout the life of the mattress or a mattress topper.
Mattresses are only guaranteed if used with a bed base that is no more than two years old at the time of purchase and suitable for the size of the mattress. A purchase invoice for the bed base may be requested in the event of a claim for support under the mattress guarantee.
Its duration is specified on the product sheet or the label of the delivered item. The calculation of this duration begins on the date of delivery of the product.
Interventions under the warranty may not have the effect of extending the duration of the warranty, subject to Article L. 211-16 of the Consumer Code.
Reimbursement is only possible within 14 days of withdrawal after the warranty becomes credit or replacement of the mattress with a new one only for the first year
Article 10-4: Travel of a technician
For a part replacement or for a defect requiring replacement, our technicians can come to your home for €80 travel costs, with an appointment made within one month. The replaced parts are guaranteed for the remaining warranty period.
Article 11: RESPONSIBILITY
CONFOREVA undertakes to describe the products sold on the Site as accurately as possible. The photographs and characteristics illustrating the Products are given for purely indicative purposes and do not form part of the contractual scope. If errors have been introduced, CONFOREVA cannot be held liable under any circumstances.
CONFOREVA cannot be held liable in the event that the failure to perform its obligations is attributable either to the unforeseeable and insurmountable act of a third party to the contract or to a case of force majeure as defined by French case law.
Similarly, CONFOREVA cannot be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, an external intrusion or the presence of computer viruses.
Article 12: PROTECTION OF PERSONAL INFORMATION AND COOKIES
In accordance with the Data Protection Act of 6 January 1978, amended by the Act of 6 August 2004, the Customer has the right to object to the processing of his/her personal data by CONFOREVA, and the right to access, modify, rectify and delete personal data concerning him/her. In particular, he/she has the right to question CONFOREVA in order to obtain confirmation that his/her personal data is or is not being processed, information relating to the purposes of the processing, and the categories to which it is communicated.
A copy of the personal data concerning him may be provided to him, at his request and against reimbursement of the costs of producing it. However, CONFOREVA has the possibility of opposing requests that are manifestly abusive, in particular by their number, their repetitive or systematic nature.
To exercise these rights, simply send a request by email to marketing@sampur.com or in writing to the following address:
CONFOREVA Customer Service
Place called Louradou
31180 Rouffiac Tolosan
The Site has been declared to the CNIL under number N1373512.
The Site uses cookies. These files stored on the Customer's computer are used to facilitate access to the services offered by the Seller.
The Site's cookies do not contain data that personally identifies the User, and they are designed to be used only by CONFOREVA. The Customer may oppose the recording of these "cookies" by configuring his computer according to the methods detailed on the site http://www.cnil.fr.
Article 13: INTELLECTUAL PROPERTY
The general structure of this Site and all its elements, whether visual or audio, including the underlying technology, are protected by the legislation in force regarding intellectual property, and in particular by copyright, related rights, trademark law, patent law, and image rights.
Consequently, the communication to the public, in part or in full, free of charge or for a fee, on any medium and by any means of communication whatsoever, of the elements making up the site, without the agreement of their rights holders, and in particular of CONFOREVA, are formally prohibited and will systematically be subject to prosecution.
The creation of hypertext links (simple or deep) to the Site is subject to the express and prior authorization of CONFOREVA. Hypertext links implemented on the Site towards other sites cannot engage the responsibility of CONFOREVA, the latter exercising no control over their content.
Article 14: ENTIRETY
In the event that one of the clauses of this contract is null and void by a change in legislation, regulation or by a court decision, this shall in no way affect the validity and compliance with these general conditions of sale.
Article 15: DURATION
These conditions apply for the entire duration that the services offered by CONFOREVA are online.
Article 16: CONSERVATION AND ARCHIVING OF TRANSACTIONS
The archiving of purchase orders and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with article 1348 of the civil code.
Article 17: APPLICABLE LAW AND JURISDICTION
These conditions are subject to French law.
The competent court in the event of a dispute will be that of the place of domicile of the defendant.