Terms and Conditions

GENERAL TERMS AND CONDITIONS OF SALE

These Conditions are written in French in their original version, which alone is authentic and prevails over any other version. They apply to the exclusion of all other conditions.

These General Terms and Conditions of Sale, hereinafter referred to as « GTC », are valid as of July 27, 2020 and updated as of December 1, 2022 for the company CB CONSEILS MANAGEMENT whose trading name is CUSTOMIS’AIR domiciled at 14 RUE DU VERDON 51500 TAISSY registered with the RCS of Reims under the SIREN 887716876, are freely accessible and prevail over any other version or any other contradictory document. As the GTC may be subject to subsequent modifications, the applicable version is the one in effect at the time of purchase of the « Service ». These General Terms and Conditions of Sale apply to all Services. The purpose of the General Terms and Conditions of Sale is to define all the terms and conditions of sale of the company CUSTOMIS’AIR or any company attached to the legal entity designated under the name CB CONSEILS MANAGEMENT. The buyer acknowledges having read these General Terms and Conditions and expressly declares to accept them without reservation. In accordance with the provisions of Article L 441-6 of the French Commercial Code for Professional Customers and the Consumer Code for Private Customers, these General Terms and Conditions are systematically communicated to any person who requests them from the Company and are also present on the website www.customis-air.fr. If a provision of these General Terms and Conditions is missing, it will be considered to be governed by the practices in force in the sector of customization and transformation of furniture.

ARTICLE 1 - DEFINITIONS

« Offer » means the service offer proposed by the company CUSTOMIS’AIR. « Products » means all Products, Materials, Parts manufactured, used and/or sold by the company CUSTOMIS’AIR and ordered by the Customer. « Customer » means the Customer of the company CUSTOMIS’AIR. « Parties » means collectively the Customer and the company CUSTOMIS’AIR.

ARTICLE 2 - OFFER and PRODUCTS

2.1 The company CUSTOMIS’AIR offers tailor-made customization and personalization services for furniture, objects and accessories (particularly from the aeronautics sector).

2.2 The company CUSTOMIS’AIR will establish its Offer on the basis of all written and oral information as well as the expressed needs of the Client that have been communicated to it by the latter, this data being deemed accurate, complete and established under the full and entire responsibility of the Client.

ARTICLE 3 - ORDER and CUSTOMER AGREEMENT

3.1 The contractual relations between the Parties will be regularized by the signing of a quote or the validation of the order (by email or on the website of the company CUSTOMIS’AIR).

3.2 The validity of the order implies the prior, express and unreserved acceptance by the Customer of these General Terms and Conditions. Similarly, the order is only complete after its express acceptance by affixing a signature or written agreement via email and by a duly authorized person. Failing this, the commitments made by the representatives of the company CUSTOMIS’AIR to the Customer will be null and void.

3.3 Any order placed with the company CUSTOMIS’AIR and validated by the Customer (signature or digital click) is firm and final and will therefore be subject to invoicing to close the Sale.

3.4 Orders for customization and personalization work are made to measure and will be processed by telephone or email, followed by validation by the signature of a proof (BAT).

ARTICLE 4 - PRICES

4.1 The prices of the Products are indicated in Euros and are subject to revision according to the specific conditions specified in the Quote. The prices of the Products include value added tax (VAT) at the French rate in force on the day the purchase is validated by the customer. Any change in the applicable French VAT rate will be automatically passed on to the Customer on the price of the Products and services.

4.2 The Prices in the catalogs or on the website of the company CUSTOMIS’AIR are purely indicative and may change according to the specific requests/needs of the customer. The prices may be subject to an increase according to inflation or any increase linked to the prices of the suppliers of the company CUSTOMIS’AIR.

ARTICLE 5 - WORK, RECEPTION AND DELIVERY

Customization and personalization work is undertaken according to the requests and needs of the Customer (or according to the specificities of the Customer) at the company CUSTOMIS’AIR and is specified on the order signed/validated by the Customer who has also acknowledged having read these General Conditions of Sale.

5.1 MODIFICATION OF THE ORDER: Each Party may plan to make modifications to the Products initially planned after exchange and express agreement confirmed in writing. These modifications may be subject to additional invoicing for which the Customer will also have given their written consent.

5.2 CONDITION OF THE PRODUCTS: With regard to customization and personalization work, the Furniture, Objects, Materials and Parts offered in the catalog or on the company's website are sold in working order, for decoration purposes and may not be the subject of any claim (see Article 9 on guarantees and insurance).

5.3 WORKS : Allow 2 to 9 weeks for creation (excluding delivery time).

For more information, please contact us at :

• the contact form at the following address : www.customis-air.fr/en/contact
• or by telephone on +33 (0)6 07 60 95 49

5.4 RECEPTION : The receipt of the goods can be done by the customer at the address of the company CUSTOMIS’AIR if necessary and will be the subject of a signature of a document called “collection or receipt note” for example.

5.5 DELIVERY: The Furniture, Objects, Equipment and Parts will be delivered in accordance with the address appearing on the order and/or written exchanges between the customer and the representative of the company CUSTOMIS’AIR. Delivery will be scheduled after full payment of the order, unless otherwise stated. Delivery will be made by Colissimo or any Carrier chosen by the company CUSTOMIS’AIR. The company CUSTOMIS’AIR will not be held responsible for any delivery times or delays that may occur.

ARTICLE 6 - DEPOSIT AND PAYMENT TERMS

6.1 The order will not be subject to any deposit payment. The customer agrees to pay the entire price of the order to the company CUSTOMIS’AIR, unless payment is made in several installments (carried out by a third-party credit company) or express agreement between the parties, validated in writing, and specifying a deposit payment (in particular if exceptionally large-scale work was ordered).

6.2 No discount will be granted for early payment.

6.3 No refund will be made once the order has been validated and paid (including online). Payments are made inclusive of all taxes, in accordance with French regulations on the territoriality of these taxes and international tax conventions concluded between France and third countries. Payments will be made exclusively by online Bank Card via the Banking Partner referenced by the company CUSTOMIS’AIR. Special orders, for customization for example, will also be payable by bank transfer or upon collection of the goods from the premises of the company CUSTOMIS’AIR.

6.4 For payment in several installments and hereby, the customer accepts the legal notices of our partner Oney which are accessible: here.

ARTICLE 7 - RETENTION OF TITLE

It is agreed that the company CUSTOMIS’AIR remains the owner of the Furniture, Objects, Materials and Parts sold and/or used necessary for the Sale of the Products until the Customer has fully paid the final invoice. It follows that in the event of non-payment, the company CUSTOMIS’AIR may demand at any time the return of said Products/Materials/Parts, and the return costs will be borne by the Customer. If the Products, Materials, Parts sold were damaged, lost or stolen, the Customer would be fully responsible for the consequences of this loss and would have to pay the repair costs.

7.1 The Customer undertakes to sell the Furniture, Objects, Materials and Parts of the company CUSTOMIS’AIR in accordance with the directives, recommendations and other materials provided and accessible to the Customer.

ARTICLE 8 - ONLINE SALES

8.1 ORDER: Any order appearing on the website of the company CUSTOMIS’AIR implies acceptance of these General Terms and Conditions of Sale. Any order confirmation implies the full and complete acceptance of these by the Customer, without exception or reservation. All data provided and the confirmation recorded will constitute proof of the transaction and the Customer declares to have read and validated them. The order confirmation will constitute signature and acceptance of the operations carried out. A summary of the order information and these General Conditions may be communicated at the customer's request in PDF format via the order confirmation email address.

8.2 WITHDRAWAL: In accordance with the provisions of Article L.121-21 of the Consumer Code, the Customer has a withdrawal period of 14 days only for "standard" decorative objects, as this does not apply to "Goods made to the customer's request or clearly personalized whose manufacture requires special adaptations to meet very specific technical and aesthetic requirements (for example, custom-made furniture or clothing)".

ARTICLE 9 - GUARANTEE, SERVICE AND INSURANCE

9.1 The company CUSTOMIS’AIR guarantees to the Customer the proper execution of the services in compliance with the legislation and in accordance with the rules of the art and good practices in the field of activity.

9.2 The liability of the company CUSTOMIS’AIR cannot be incurred for the direct or indirect consequences of poor integration or use of the Services and/or the site.

9.3 The company CUSTOMIS’AIR guarantees to the customer that it has subscribed to all the necessary guarantees relating to its activity.

9.4 The company CUSTOMIS’AIR undertakes to subscribe to all the necessary guarantees to cover the liabilities it has incurred due to the execution of its services and the protection of its buyers for sufficient levels with a notoriously solvent insurance company.

9.5 No after-sales service will be provided once the order has been sent by the company CUSTOMIS’AIR, in particular for the replacement of electronic parts (LED lighting included).

ARTICLE 10 - GENERAL INTERPRETATION PROVISIONS

The Parties agree that in the event of a dispute over the interpretation of a clause of the General Terms and Conditions, the interpretation that may be given by the Court shall be retained. The General Terms and Conditions shall be amended accordingly. Furthermore, the illegality of a clause only applies to the said clause and does not entail the illegality of the entire General Terms and Conditions.

ARTICLE 11 - PROTECTION OF PERSONAL DATA (RGPD)

All information requested by the company CUSTOMIS’AIR when validating the order is mandatory. If one or more mandatory information is missing, the order will be null and void. In accordance with the Data Protection Act of 06/01/1978, amended by the law of 6 August 2004, the Customer has a right to access, rectify and oppose information concerning him/her, which can be exercised by mail addressed to the company CUSTOMIS’AIR 14 RUE DU VERDON 51500 TAISSY. All personal data and information may be deleted upon simple request and are stored securely in accordance with the European regulation on personal data (GDPR) - Decree No. 2019-536 of May 29, 2019 taken for the application of Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms. Otherwise, their personal data will be kept for 11 years in order to meet in particular the legal period for retaining invoices according to Article L123-22 of the French Commercial Code. The customer may receive by email the newsletters of CUSTOMIS’AIR and commercial offers sent by email. However, no personal information concerning the buyer will be transferred to third parties. The customer may also unsubscribe at any time from all or part of the emails he receives from CUSTOMIS’AIR or its Partners. In accordance with the applicable regulations regarding personal data, the customer has the right to access, rectify, oppose, limit the processing, erase and transfer their data, which they can exercise by post or email to the address contact@customis-air.fr, specifying their surname, first name, postal address and email address and attaching a copy of both sides of their identity document.

In the event of an unsatisfactory response, the customer may file a complaint with the National Commission for Information Technology and Civil Liberties (CNIL): https://www.cnil.fr/fr/plaintes.

ARTICLE 12 - TRANSLATION - LANGUAGE OF THE CONTRACT

In the event that these General Terms and Conditions are drawn up in several languages, it is expressly understood that the French version is the only one to be authentic, in particular in the event of difficulties in the interpretation and/or application of the provisions of said General Terms and Conditions. The language applicable to the General Terms and Conditions is French.

ARTICLE 13 - SETTLEMENT OF DISPUTES, MEDIATION AND COURT OF JURISDICTION

The company CUSTOMIS’AIR reserves the right to modify these Conditions of Sale at any time, by posting the new version on the Site and communicating them to the customer upon request. The modifications are effective immediately and on the modification date specified at the beginning of these.

13.1 In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the Customer is informed that after prior written action with the company CUSTOMIS’AIR to attempt to resolve the dispute amicably, a Mediator may be contacted for any consumer dispute whose settlement has not been successful.

13.2 In the event that one of the provisions of the Conditions of Sale is declared null and void, it will be deemed unwritten, without this affecting the validity of the other provisions, unless the provision declared null and void was essential and decisive. Any case of force majeure making it impossible to perform a Service, including the interruption of telecommunications, strikes, fires, extinguishes the obligations weighing on CUSTOMIS’AIR affected by the case of force majeure. Orders that are unfinished or unexecuted due to a case of force majeure will not give rise to any reimbursement or compensation from the company CUSTOMIS’AIR.

13.3 These General Terms and Conditions are subject, both for their interpretation and their implementation, to French law. All disputes to which the General Terms and Conditions may give rise, concerning their validity, interpretation, execution, termination, consequences and follow-up, shall, in the absence of an amicable settlement, fall under the exclusive jurisdiction of the Commercial Court or the Judicial Court of REIMS, even in the event of a warranty claim or multiple defendants.