Terms and Conditions
- OBJECT
Trone offers to consumer and professional buyers (the " Buyers ) the sale of toilets (the "Products ) presented on its website https://www.trone.paris/en/toilet-design (the « Site »).
- SELLER IDENTITY AND CONTACT
Trone is a simplified joint-stock company, registered with the Paris Trade and Companies Register under number 833 412 661, whose registered office is located at 6 rue des Bateliers 92110 Clichy ("Trone »).
Trone can be contacted at the following details, particularly for any complaints:
- Postal address: 6 RUE DES BATELIERS 92110 CLICHY
- Phone: +33 1 76 36 17 12
- Email address: contact@trone-paris.com
- CONTRACTUAL DOCUMENTS AND ACCEPTANCE OF GENERAL TERMS
The contractual relationship between Trone and the Buyer is governed, in descending order of priority, by the following documents:
1/ The quote (the "Quote")
It is established based on the needs of the Buyer.
Unless otherwise stated in the Quotation, this constitutes a valid sales offer for 30 calendar days from its issuance. Unless otherwise indicated in writing by Trone, in the absence of validation by the Buyer within this period, the Quotation will be deemed void.
Trone reserves the right to propose a new Quote to the Buyer, which may include modifications compared to the initial Quote, particularly price changes. Unless otherwise agreed in writing by Trone, the Buyer may accept the Quote:
oo By replying to the email containing the Quote with the mention "}Good for agreement for Quote No. XX ;
oo By sending back the signed Quotation accompanied by the mention "}Good for agreement” ;
or By signing electronically.
This acceptance results in the formation of a sales contract and constitutes acceptance of the General Terms and Conditions in their version in effect on the date of the Quotation.
'Any acceptance subject to conditions is considered null and void. The Buyer who does not agree to be bound by the General Terms and Conditions must not place an order for the Products.'
In case of contradiction:
- the Quotation prevails over the General Conditions.
- The most recent quote prevails over the older one(s).
2/ The general terms (the "General Terms"):
They define:
- The terms and conditions of sale and delivery of the Products.
- The respective obligations of the parties.
They are accessible via a direct link at the bottom of the Site.
They prevail over all other general or specific conditions not expressly agreed by Trone.
"They may be supplemented, where applicable, by specific conditions, which complement these General Conditions and, in the event of a contradiction, take precedence over the latter."
- LEGAL CAPACITY OF BUYERS
(i) The Buyer is:
- a natural person having full legal capacity, or failing that, is at least 15 years old or is between 13 and 15 years old and has obtained the consent of their legal representative, and they agree to provide Trone with the email address of their representative so that they can contact them; or
- a legal entity acting through a natural person having the power or authority required to contract on behalf of the Buyer and for its account.
(ii) The Buyer has the status of:
- consumer, understood as any natural person acting for purposes that do not fall within the scope of their professional activity (the " Consumer Buyer ») ; or
- professional, understood as any natural or legal person acting for purposes within the scope of their commercial, industrial, artisanal, liberal, or agricultural activity, including when acting on behalf of or for the account of another professional (the " Professional Buyer »).
- PRODUCT FEATURES
Before placing any order and in accordance with the provisions of Article L111-1 of the Consumer Code, the Buyer can become acquainted, on the Site or by any other means that Trone deems useful, with the characteristics of each Product they wish to order.
Trone offers for sale two categories of Products described as follows:
- The range of Products consists of:
oo The range of "plain" models
oo The range of "original" models
oo The range of "custom-made" models
- The custom "universes" that allow for the creation of a personalized space incorporating a model of the ranges mentioned above.
The photographs, 3D models, and descriptions of the Products offered for sale are as accurate as possible.
They only engage Trone for what is indicated precisely. The Buyer is however informed and accepts that certain characteristics of the Products, particularly their color, may not correspond exactly to the 3D models, photographs presented on the Site or by Trone or any document sent by Trone after the order, due to technical constraints.
The Buyer acknowledges and agrees that Trone only offers the supply and delivery of the Products, excluding any installation of the latter which must be carried out by the Buyer himself or any service provider of his choice.
Trone nevertheless provides the Buyer with all the necessary documentation for the installation of the Products and recommends that the Buyer seek the assistance of a professional to carry out the installation.
- ORDER
6.1. Order Placement
Any Buyer wishing to place an order for a Product is invited to provide their contact details, including their e-mail address, phone number, and delivery city, or to contact Trone directly at the following e-mail address: contact@trone-paris.com.
Trone will then contact the Buyer directly to obtain the additional information necessary for the order, to establish the Quotation on this basis, and to communicate the present General Conditions.
The Buyer guarantees that all information provided is accurate, up to date, and sincere, and is not misleading in any way. He is informed and accepts that this information serves as proof of his identity and binds him upon validation.
The validation of the Quote by the Buyer under the conditions specified in the article "Contractual documents" "... carries the formation of the sales contract."
6.2. Order Modification
The Buyer acknowledges and agrees that once the Quote is validated, the order cannot be modified, subject to the sole discretion of Trone, (i) the payment of additional fees to be borne by the Buyer or (ii) a delay in the initially scheduled delivery time.
The Buyer must accept in writing the revision of the price or delivery time within two weeks from its communication by Trone.
In the absence of acceptance and payment by the Buyer, the latter will be deemed to have refused to modify their order and will be delivered under the initial conditions of the order. In case of refusal upon delivery, Trone will re-invoice the return costs.
6.3. Order Cancellation
6.3.1. By the Consumer Buyer
The Consumer Buyer has a period of 14 days from the date of receipt of the ordered Products to withdraw without having to justify reasons or pay penalties, except for the return costs which remain at their expense and which they must pay. When their order consists of several Products delivered separately, the above period runs from the receipt of the last Product.
The Consumer Buyer who wishes to exercise their right of withdrawal must send to Trone at the contact details mentioned in the article " Seller's identity and cont"act", before the expiration of the above deadline, the withdrawal form attached to these General Conditions duly completed, or a statement clearly expressing the intention to withdraw and containing the order number.
Products must be returned to Trone in their original packaging, without excessive delay and no later than 14 calendar days following the communication by the Consumer Buyer of their intention to withdraw. They must be accompanied by a copy of the corresponding purchase invoice. The Consumer Buyer is deemed responsible in case of deterioration of the Products during their return to Trone.
Trone may recommend to the Consumer Buyer a carrier to ensure the transport of the Products at the risks and expenses of the Consumer Buyer.
The Consumer Buyer will be refunded as soon as possible and no later than 14 days from the date of actual receipt by Trone of the request for withdrawal of all amounts paid for their order, less any return costs, which remain the responsibility of the Consumer Buyer. Trone reserves the right to defer this refund until the actual recovery of the Products.
The Consumer Buyer is however expressly informed and agrees that, when the order concerns one or more Products from the "custom" range or "universal" Products, or if the Consumer Buyer proceeds with the installation of the ordered Products before the expiration of the above-mentioned period, he expressly waives, in these cases, his right of withdrawal, which cannot therefore be exercised, in accordance with Article L.221-28 of the Consumer Code.
6.3.2. By the Professional Buyer
The Professional Buyer has a right of withdrawal if he is a professional with 5 employees or fewer, (ii) purchases a good or service that does not fall within his main area of activity (i.e. does not relate directly or indirectly to the Products) and (iii) the contract is concluded "off premises", namely:
- in a location different from the premises of Trone, where she and the Professional Buyer were physically and simultaneously present together (for example: signing the quote at Trone),
- at the premises of the Professional Buyer or by means of a remote communication technique, immediately after Trone has personally and individually solicited the Professional Buyer (i) in a location different from that of the premises of the Professional Buyer and (ii) where she and the Professional Buyer were physically and simultaneously present together (for example: a meeting at the Professional Buyer’s location or during a trade show, delivery of a quote on that occasion, followed by the signature by the Professional Buyer at their premises (either handwritten or online subscription)),.
- during an excursion that Trone organized to promote its Products.
Outside of these assumptions, the Professional Buyer will not be able to cancel their order.
- PRICES AND PAYMENT TERMS
7.1. Price
Unless otherwise stated, the selling price of the Products is indicated in euros, all taxes included (French VAT and other applicable taxes) and excluding taxes in the Quotation. The price includes delivery charges which are the responsibility of the Buyer. These charges have been set relative to the delivery address provided by the Buyer. In the event of a change to this address after the order has been validated, Trone reserves the right to charge the Buyer additional delivery fees (the " Additional Delivery Charges »).
The Buyer acknowledges and agrees that this price includes only the price of the Product, as described in the Product data sheet previously communicated to the Buyer, excluding any other elements not provided for therein and delivery charges.
Trone reserves the right, at its sole discretion and under terms of which it will be the sole judge, to offer promotional offers or price reductions.
Attention: Outside the European Union as well as in the DOM-TOM, customs duties or local taxes may be required and can be charged upon receipt of the order by the Buyer, in addition to the price paid to Trone. These duties and taxes, the exact amount of which Trone cannot determine in advance and therefore cannot inform the Buyer prior to their order, remain the responsibility of the Buyer, who is solely responsible for the proper completion of any declarations and/or related formalities.
7.2. Payment terms
"Unless expressly stated otherwise in the Quotation, the Buyer must pay the full amount of the order as specified in the Quotation, including any Additional Delivery Charges. In this regard, the Buyer acknowledges and agrees that the delivery of the Product is contingent upon the payment of the full amount of the order."
Payment can be made by bank transfer, online payment via Stripe, or by any other means that will be offered on the Quote at the time of the order.
The Buyer guarantees to Trone that he has the necessary authorizations to use the chosen payment method.
7.3. Billing
The purchase invoices will be sent to the Buyer by any useful means, including by e-mail to the address provided at the time of the order.
Invoices are payable upon receipt, the Buyer must settle their purchase invoice for the delivery to take place.
7.4. Retention of title
Trone retains full ownership of the Products sold until full payment is received, including delivery charges.
- DELIVERY
8.1. Place of delivery
Buyers are expressly informed that Trone only offers delivery of Products to the following countries:
- Metropolitan France and Corsica,
- Countries that are part of the Schengen Area / the European Union
For any other country, please contact us directly at contact@trone-paris.com.
The delivery of the ordered Products will be made to the address indicated at the time of the Buyer's order as "delivery address" (which may be different from the billing address). Nevertheless, it is imperative that the destination country of the delivery coincides with the billing country, in strict compliance with the legal provisions regarding VAT.
If the Buyer wishes to change the delivery address, they must submit a request to Trone no later than 7 weeks before the delivery deadline specified in the Quotation. The latter reserves the right to accept or refuse the modification as well as to charge Additional Delivery Fees if applicable, which must be validated by any written means and paid by the Buyer before the day of delivery.
8.2. Delivery Charges
The delivery charges for the Products will be indicated in the Quotation.
Additional Delivery Charges may be billed by Trone under the conditions described in the article above.
8.3. Delivery time
The delivery is made within the timeframe indicated in the Quotation.
For Professional Buyers, the delivery time is provided as an indication, and the responsibility of Trone cannot be engaged in case of non-compliance.
For Consumer Buyers, in the absence of delivery within the above timeframe, the Consumer Buyer may cancel the order by registered letter with acknowledgment of receipt or by a written notice on another durable medium, if, after having requested Trone, under the same conditions, to make the delivery within a reasonable additional timeframe, it has not been executed within that timeframe.
The contract is considered terminated upon receipt by Trone of the letter or written notice informing it of this termination, unless it has been performed in the meantime.
In the event of termination of the contract under the terms set out above, the Consumer Buyer will be refunded the full amount he has paid, including delivery charges, no later than 14 days from the date on which the contract was terminated.
Trone reserves the right in any case to contact the Consumer Buyer in order to offer alternative solutions for the reimbursement of the price of the Products and delivery costs. The Consumer Buyer must explicitly express their acceptance of the choice of an alternative reimbursement method in a durable medium.
- LEGAL GUARANTEES
The Consumer Buyer benefits from the legal guarantees of non-conformity as well as for hidden defects of the sold item, including conformity defects resulting from the packaging of the Products ordered on the Site.
If the Consumer Buyer finds that the Product delivered to them has a defect, a lack of conformity, or is damaged, they must inform Trone at the contact details mentioned in the article " Seller's identity and contact "of these, indicating the nature of the defect, non-conformity or damage observed and sending any useful supporting documents, particularly in the form of photograph(s)."
"If the defects were not apparent at the time of delivery, Trone will arrange with the carrier of its choice the terms of the return, of which it will inform the Consumer Buyer by any useful means. Trone will bear the costs of this return."
Products must be returned to Trone in their original packaging (with the wedges to protect them) and on a pallet. In this regard, the Consumer Buyer will send Trone two photographs: one photograph with the packaging open allowing a clear view of the Products in good condition with the wedges, and one photograph with the closed box placed on a pallet.
The Products must be accompanied by a copy of the corresponding purchase invoice.
Returns of Products not complying with the terms described above cannot be taken into account.
Trone will carry out the necessary checks and will offer the Consumer Buyer a replacement of the Product where possible. If the replacement of the Product is impossible, Trone will refund the Consumer Buyer the full price paid for the Product as well as the corresponding delivery costs, by any useful means, as soon as possible and no later than 14 days following the date on which Trone informed them of the impossibility of replacing the Product.
The consumer has a period of two years from the delivery of the goods to obtain the implementation of œ"the legal warranty of conformity in the event of the appearance of a conformity defect. During this period, the consumer is only required to establish the existence of the conformity defect and not the date of its appearance." The legal warranty of conformity gives the consumer the right to repair or replace the good within thirty days of their request, at no cost and without major inconvenience to them. If the good is repaired under the legal warranty of conformity, the consumer benefits from an extension of six months of the initial warranty. If the consumer requests the repair of the good, but the seller imposes the replacement, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the good. The consumer can obtain a reduction in the purchase price by keeping the item or terminate the contract by getting a full refund upon returning the item, if: 1/ The professional refuses to repair or replace the item; 2/ The repair or replacement of the item occurs after a period of thirty days; 3/ The repair or replacement of the good causes a major inconvenience for the consumer, particularly when the consumer permanently bears the costs of returning or removing the non-compliant good, or if they bear the costs of installing the repaired or replaced good; 4/ The non-conformity of the good persists despite the seller's unsuccessful attempt to bring it into conformity. The consumer also has the right to a reduction in the price of the goods or to the termination of the contract when the lack of conformity is so serious that it justifies an immediate reduction in price or termination of the contract. The consumer is not then required to request the repair or replacement of the goods beforehand. The consumer is not entitled to rescind the sale if the lack of conformity is minor. Any period of immobilization of the asset for the purpose of its repair or replacement suspends the warranty that was still in effect until the delivery of the restored asset. The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code. The seller who in bad faith obstructs the implementation of œThe legal warranty of conformity incurs a civil fine of up to 300,000 euros, which can be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code). The consumer also benefits from the legal warranty against hidden defects in accordance with Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the item is kept or a full refund upon return of the item. |
However, the legal warranty is not applicable if:
- The Consumer Buyer knew or could not ignore the presence of the defect at moment of delivery that renders the Product non-compliant;
- The defect originates from the installation or materials provided by the Buyer. Consumer;
- The defect observed does not come from the Product but from improper use of it. of non-compliant use with the recommendations of Trone or from the manufacturer, to technical specifications and the instructions provided with the Product.
- The defect results from packaging of the Product by the Consumer Buyer that is not identical or does not match the characteristics of the original packaging.
- COMMERCIAL WARRANTY
Buyers benefit from a commercial warranty lasting 2 years from the date of purchase of the Product (the "Commercial Warranty"). As part of this Commercial Warranty, Trone agrees to carry out the replacement or repair of the defective part or Product free of charge.
This warranty is intended to cover only manufacturing defects and material defects that may affect the proper functioning of the Product under normal conditions of use.
The repair or replacement of the defective part or Product carried out under the Commercial Warranty does not extend its duration.
To benefit from the Commercial Guarantee, the Buyer must submit a request to Trone at the coordinates mentioned in the article "Identification of the Company". This request must be accompanied by any useful supporting documents, particularly in the form of photograph(s).
After verification of the supporting documents, Trone may refuse the Buyer’s request or accept it. In this context, Trone may, at its sole discretion, recover or not recover the defective parts or Products at its own expense.
The Buyer no longer benefits from the Commercial Guarantee beyond the aforementioned deadline.
- CLAIMS AND RETURNS
Upon delivery of a Product, the Buyer is required to carefully check the contents of the package and ensure its compliance with the order placed.
In case of apparent defects (notably damage, shortages, or non-compliance with the order) observed at the time of delivery of the Products and resulting from their transport, the Buyer must inform Trone within 2 business days.
The Buyer must refuse any damaged package and notify, within the aforementioned timeframe, via e-mail or by mail of any deterioration to the address indicated in the article " Seller's identity, contact >. Failing that, the delivery will be deemed perfect and any subsequent claims will be rejected. This notification must be accompanied by any useful supporting documents, particularly in the form of photograph(s).
"Without prejudice to the provisions set out in the article 'Legal Guarantees', the Consumer Buyer acknowledges that an unconditional acceptance of a Product deprives them of the possibility of invoking any defects of conformity if they were apparent at the time of delivery."
The Professional Buyer acknowledges and agrees that an unconditional acceptance of a Product deprives the latter of the possibility of claiming defects in the Products identified later, of any nature whatsoever, excluding hidden defects.
Returns will only be accepted subject to compliance with the aforementioned provisions and after prior agreement from Trone as well as the assignment of a return authorization number and sending a corresponding carrier label with the address below.
Products must be returned using this label:
TRONE
AFTER-SALES SERVICES
6 RUE DES BATELIERS, 92110 CLICHY, FRANCE
Products must be returned in their original condition, packaging, and on a pallet, and must not show any signs of disassembly, installation, or use. They must be accompanied by the return authorization number provided by Trone, as well as a Bank Identity Statement of the Buyer.
Trone reserves the right to refuse any return of Products that have been the subject of an accepted and delivered order, subject to the provisions regarding the legal warranty of conformity.
- OBLIGATIONS OF BUYERS
Buyers are solely responsible for their use of the Products. It is their responsibility to verify the suitability of the Products to their specific needs prior to purchasing said Products.
The Buyer remains responsible for the installation and use of the purchased Products.
The Buyer agrees to use the Products in accordance with the technical data sheet provided with the Products.
"They must also take the necessary measures to safeguard the information provided in the installation manual by their own means, of which no copy will be provided to them."
- RESPONSIBILITY OF TRONE
13.1. Trone regularly conducts checks to verify the operation and accessibility of the Site. In this regard, Trone reserves the right to temporarily interrupt access to the Site for maintenance reasons. Likewise, Trone cannot be held responsible for temporary difficulties or impossibilities of access to the Site that may arise.
origin of circumstances that are external to it, force majeure, or also those that would be due to disruptions in telecommunications networks.
13.2. TRONE does not provide the Buyer with any warranty regarding the suitability of the Products for their needs, expectations, or constraints.
13.3. TRONE shall not be held liable for non-performance or delay in the performance of sales contracts due to circumstances beyond its control or a case of force majeure, as defined in Article 1218 of the Civil Code.
13.4. In the event of damage suffered by the Buyer resulting directly from the Products, such as water damage, the Buyer agrees to report the claim to their insurance within 5 days. The insurance will decide on the appropriateness of appointing an expert for the purpose of conducting an assessment to evaluate the damages incurred and determine the causes of the claim.
"If it emerges from the expertise that the damages result directly from the Products," Trone agrees to compensate the Buyer for the damages incurred covered by its insurance.
13.5. In any case, the liability that may be incurred by 'Trone under these presents is expressly limited to the only proven direct damages suffered by the Buyer.'
13.6. For Professional Buyers, except for bodily injury, death, and gross negligence, the liability of Trone cannot be held liable for an amount greater than the prices of the Products.
- INTELLECTUAL PROPERTY
The photographs on the Site, the catalog and the technical sheets as well as the Products, models, systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, designs and models, trademarks, database, etc. …) operated by Trone within the Site or marketed or communicated by Trone are protected by all applicable intellectual property rights or database producer rights. Any disassembly, decompilation, decryption, extraction, reuse, copying, and more generally, any acts of reproduction, representation, distribution, and use of any of these elements, in whole or in part, without the permission of Trone are strictly prohibited and may be subject to legal action.
- PERSONAL DATA
Trone practices an accessible personal data protection policy. here of which the Buyer is invited to take note.
- BUSINESS REFERENCES
The Buyer expressly authorizes Trone may cite and use the reproduction of the Product as commercial references, particularly during exhibitions or events, in its commercial documents and on the Site, in any form whatsoever and for a duration of 2 years from the date of the order.
The Buyer expressly authorizes in this regard Trone to photograph the Product after its installation to promote it on its Site or any other communication medium.
- PROHIBITED BEHAVIORS
17.1. Are strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (ii) any intrusions or attempts to intrude into the systems of Trone, (iii) all misappropriations of the system resources of the Site, (iv) all actions likely to impose a disproportionate burden on its infrastructure, (v) all breaches of security and authentication measures, (vi) all acts likely to harm the financial, commercial, or moral rights and interests of Trone or users of its Site, (vii) any practice that diverts the Site for purposes other than those for which it was designed and finally more generally (viii) any breach of these general conditions or the laws and regulations in force.
17.2. It is strictly prohibited to monetize, sell, or grant all or part of access to the Site, as well as the information it contains.
17.3. Unless prior written agreement from Trone, any commercial exploitation of the Products by Buyers is prohibited, including any resale or distribution for a fee.
17.4. In the event of a breach of any of the provisions of this article or, more generally, of violations of laws and regulations, Trone reserves the right to take all appropriate measures and to initiate any legal action.
- MODIFICATIONS
Trone reserves the right to modify these General Conditions at any time. In this case, the applicable conditions will be those in effect on the date of the Buyer’s order.
- LANGUAGE
In the event of a translation of these general conditions into one or more languages, the language of interpretation shall be the French language in case of contradiction or dispute regarding the meaning of a term or provision.
- MEDIATION
The Consumer Buyer has the right to resort free of charge to a consumer mediator for the amicable resolution of any dispute regarding the execution of these terms that may arise with Trone, under the conditions set forth in Articles L611-1 and following of the Consumer Code.
To this end, he or she may contact the following consumer mediator:
- Consumer Mediation Center of Justice Conciliators (CM2C)
- Postal address: 14 rue Saint Jean 75017 Paris
- Phone : 01 89 47 00 14
- https://www.cm2c.net
- GOVERNING LAW AND JURISDICTION
These General Terms and Conditions are governed by French law.
In case of dispute regarding the validity, interpretation and/or execution of these General Terms and Conditions, Trone and the Professional Buyer agree that the courts of Paris shall have exclusive jurisdiction to adjudicate, unless contrary mandatory procedural rules apply.
Annex – Withdrawal Form
(Please complete and return this form only if you wish to withdraw from the contract.)
For the attention of:
TRONE
6 RUE DES BATELIERS, 92110 CLICHY, FRANCE
Phone: +33 1 76 36 17 12
Email address: contact@trone-paris.com
I hereby notify you of my withdrawal from the contract concerning the sale of the product listed below:
- Buyer Name:
- Buyer’s Address:
- Signature of the Buyer:
- Date :