Terms and conditions

In order to apply these general terms of sale, it is hereby agreed that the User and PrivateFloor will henceforth collectively be named the “Parties” and individually called “Party”. Once the User validates an order he or she will be named the “Buyer”. The User’s rights and obligations will also apply to the Buyer.

The User who wishes to buy on the website declares himself to be over the age of majority in your country of residence and to have full legal responsibility or to benefit from parental or guardian authorisation.

When an order of a product which is offered on the website is placed, it is assumed that the present General Terms of Sale have been consulted and accepted by the User, even though no signature of acceptance on the part of the User is required.

The present General Terms of Sale apply, without restriction or reservation, to each and every sale concluded between PrivateFloor and non-professional Users who wish to acquire the products offered for sale by the Seller, on the above mentioned website.

These General Terms of Sale are available for consultation and reference at any given moment on the website and, if necessary, overrule any other version or any other document that might contradict them.

Unless stated otherwise, the data registered by PrivateFloor constitutes proof of all transactions. In accordance with legal clauses, it should be remembered that the validation of an order is made by clicking on the “BUY” button. This validation constitutes an electronic signature which has the same value between both Parties as a hand-written signature and is proof of the entirety of the order and the eligibility of the money due, in conformity with the aforementioned order. In all cases of payment, the online supply of a bank card number and the final validation of the order will be proof of the entirety of the aforementioned order and will equal the eligibility of the agreed payment method which appears on the purchase order.

Access to PrivateFloor’s website is carried out through the normal conditions of access to the Internet. No extra connection charge will be billed to the User. These General Terms of Sale are subject to modification; the applicable conditions are those in force on the date an order is validated. Printing out or recording a copy of these conditions is entirely the responsibility of the Buyer.

The purpose of the present General Terms of Sale is to exclusively define the respective rights of the Parties as a result of the relationship established online and obligations stemming from the online sale of products proposed on the website. These conditions regulate each stage necessary for placing an order and ensure the following with regards to the order between the contracting Parties. The Parties agree that their relationship will be governed exclusively by the present contract. If any condition should fail, it would be considered to be governed by the current practices in force in the distance selling sector whose company headquarters are in Netherlands.

2.1 Price

Payments reflect any eventual discounts as well as the VAT applicable on the day of the order. The indicated prices are guaranteed within the limit of the available stocks, except for important modifications in charges and notably VAT, and excepting typographic errors or omissions. The indicated prices do not reflect postal charges and these will be billed in addition to the products ordered and will be specified to the User during the final validation of the order.

PrivateFloor reserves the right to modify its prices at any given moment, but the products will be billed based on the price in operation at the time the order was recorded, with the condition, nevertheless, of the availability of the products mentioned previously. When a registered order contains one or more errors (price, description, photo, coupon, etc.), PrivateFloor reserves the right to cancel and reimburse the order.

2.2 Established Sale Price (“Crossed Off”)

The established sale price that appears “crossed out” in the description of each article, is given in an entirely indicative manner as a comparison, and corresponds to an estimation by PrivateFloor’s suppliers of the average sale price of the article within their traditional network on the date of sale.

3.1 Navigation Inside The Website

The User may familiarise himself with the different products offered for sale by PrivateFloor on the website. The User may browse freely through the website's different pages, without being committed, in any way, to place an order.

3.2 Registration And Password

Registration is mandatory before placing an order. The User must correctly complete all fields on the "My Account" page, including those under the heading "My Information". Users will be asked for information necessary for identification, including their first and last name, postal address, email address, phone number and a password.

PrivateFloor guarantees the confidentiality of the data transmitted after the password has been entered. The User is entirely responsible for the use of his password. He ensures its preservation and its confidentiality. In the case of loss of password, the User should contact PrivateFloor with minimum delay in order to receive a new password.

If the User forgets his password, he can obtain a new one by clicking on the “password forgotten” button that appears on the home page. An email will then be sent to the User, prompting him to create a new password. When he creates his account, the User may authorise PrivateFloor to send him invitations to sales and any other useful information from the PrivateFloor team by email.

3.3 Recording An Order

The User places his order through an Internet connection which allows him to browse the website. To be accepted, the order must contain all the useful information necessary for its handling. In addition, each and every order placed indicates acceptance of the General Terms of Sale, the price, and the description of the available products.

It is not possible to place an order from a country that is not included on PrivateFloor list of authorised destination countries. A User who wishes to place an order selects the different products of his choice and demonstrates his intention by clicking on the "Add to cart" button.

At any given moment the User can:

• Refer to a list of the chosen items by clicking on the “My basket” button.

• Continue choosing Products by clicking on the “Continue shopping” button.

• Complete the selection and place the order by clicking on the “Buy” button.

• Users must identify themselves prior to ordering products in the basket by entering their email address and password, or by filling out a registration form if they do not already have a PrivateFloor account. By entering his two identifiers (email address and password), the User confirms his identity and consent to the Terms of Service.

• Once the User has identified himself, he must verify the delivery address, and the order will be summarized on the screen, indicating: the nature, quantity, and price of the product(s) selected by the User, as well as the postal charges, the total amount of the order, the User's contact information, and the delivery address.

3.4 Validation Of An Order

After reviewing the details of his order and ensuring all necessary details are correct, the User can confirm the order by clicking on the "Pay for the order" button.

In the case of payment by bank debit or credit card, the User must give certain information concerning the bank card he wishes to use:

• The name of the legal card holder

• The bank card number

• The expiry date

• The cryptogram number (the last 3 digits on the back of the bank card)

It should be noted that with instant payment by bank card, which is the payment method offered by PrivateFloor on our website, the user makes his payment via the PrivateFloor website using the EPT system (Electronic Payment terminal) – which is a safe and certificate payment system. The PrivateFloor website is secured by S.S.L. (Secure Socket Layer) to protect all data pertaining to payment methods as efficiently as possible. Then, the User’s bank data is relayed to the bank, which is also secured by S.S.L. In this way, the User’s bank details never go through the PrivateFloor computer system. As a result of this, PrivateFloor does not retain any responsibility.

As soon as he confirms his order by bank card the order is recorded and becomes irrevocable. The User becomes the Buyer. The purchase order is recorded in PrivateFloor’s computing records (these are retained on a reliable, permanent support) and becomes proof of the contractual relationship between the two Parties.

3.5 Confirmation

Once payment by bank card (supplying the card number, expiry date and cryptogram) , a summary of the Buyer’s order will be sent by email as soon as the purchase order has been recorded. This will be sent to the address supplied when the order was placed. This confirmation will cover all the details of the elements that constitute the contract between the two Parties and will also indicate an estimated dispatch date.

PrivateFloor recommends that clients record a copy of the order confirmation email, or print it out. However, the documents recorded in PrivateFloor’s computing records will legally serve as proof. A summary of the order will also be posted to the client’s account.

3.6 Advance Cancellation

Once you have completed the checkout process and your payment has been accepted, your order is considered as confirmed.

The made-to-order items (items not available in stock on our web site) with estimated shipping date of 12 to 18 weeks, cannot be cancelled, even if the order is subject to an unforeseen delay.

The right of withdrawal cannot be executed for contracts [...] for the supply of goods made according to the consumer's specifications or clearly personalized.

The possibility of cancelling your order is available only for orders with products which are from stock or in shipping (transit) maritime transport, ahead of dispatch and only during the first calendar week after your confirmed and paid the order. In this case, you are entitled to a refund amounting to 80% of the total payment. The remaining 20% goes towards compensating the administrative costs accrued through the preparation of sending your order from our warehouses.

All orders which are from stock or shipping (transit) cancelled after 1 week and ahead of dispatch, will entitle you to a refund of 60% of the value of the order.

It is imperative that you register your refund request through your customer account (My info/My orders/Cancellation request).

Once an order has been cancelled by the customer under one of the conditions outlined above, the company will refund the agreed amount within 30 working days.

3.7 Right of Withdrawal

In the case whereby you refuse delivery of your order at your door, the refund will be processed according to our General Terms and Conditions, and the costs of the delivery as well as the return costs will be deducted from a potential refund request. If you decide to cancel your delivery once the goods have been dispatched from the warehouse, the same additional costs will be applied.

4.1 Coupons

Discount coupons are redeemed with a code that should be entered, or that has already been attributed to the client’s account. A code may be sent by email or letter during special promotions or the client may be informed by email that a coupon has been awarded to his account.

4.2 Conditions For Using The Coupons

Unless otherwise specified, in particular in relation to using a coupon for a first order, several coupons can be used for a single order. They can never be converted into currency. All coupons have an expiry date which cannot be changed. No other coupon will be given or awarded to a client to replace an expired or unused coupon.

Using a coupon necessarily implies that the value of the basket (before the addition of postal charges) is in excess of the value of the coupon, except in the case where particular conditions for using the coupon specify a minimum purchase amount (before the addition of postal charges). In this case, the value of the basket (before the addition of postal charges) must be superior to the value of the minimum purchase amount to be able to use the coupon.

Under no circumstances can the Buyer ask PrivateFloor to deduct the amount of a coupon from an order that has already been recorded and paid for, if the coupon code was not entered or selected when the order was placed.

4.3 Using Coupons

To benefit from the discount a coupon offers, the User must enter the code in the “Summary” window. Having entered the coupon, the User should click on the “Ok” button. The discount will then be immediately deducted from the order total (before adding postal charges).

4.4 Refunding an Order containing a Coupon

When an order contains a coupon, the amount of the coupon is distributed between all the articles in proportion to their respective value. The refund of a product from an order, for whatever reason, will take into account the discount awarded by the associated coupon.

5.1 Total Amount Of The Order

The total amount owed by the Buyer is displayed before the Buyer confirms the order, and is shown on the summary form sent to the Buyer by email from PrivateFloor.

5.2 Payment Methods

Payment is made solely through the Internet by bank card (Visa, Eurocard/MasterCard) and Bank wire transfer.

5.3 Payment Confirmation

The order will be considered valid after confirmation of payment has been received. In case of bank rejection, the order will automatically be cancelled. In any case, PrivateFloor reserves the right to refuse any order or delivery of such in instances of litigation with the Buyer, of non-or partial payment of a previous order by the Buyer, or refusal of payment by bank card by banking organisations. Under no circumstances can PrivateFloor be held responsible in case of litigation.

5.4 Payment Time-Frame

When the Buyer pays by direct debit card, his bank account will be debited within 2 to 5 days after placing the order. This timeframe varies depending on the banking organisation concerned.

In the case of a deferred debit card, the Buyer’s bank account will be debited for the order amount under the same conditions as other debits.

5.5 Exceptional Condition

PrivateFloor implements a verification procedure to prevent any fraudulent use of bank details when an order is placed on the website. Within the context of this system, a client may be asked to send PrivateFloor (by fax or by post) a copy of a valid form of identification and proof of residence dated not more than three months ago. The order will not be sent until these documents have been received and verified. PrivateFloor reserves the right to refund any order if these documents have not been received or if they do not match the Buyer’s identity.

Only clients who have placed an order for an amount in excess of an amount fixed by PrivateFloor will be asked to supply these documents. Once the order has been recorded, the Buyer will receive an email from PrivateFloor Customer Service.

6.1 Time Frame for Product Availability

Shipping conditions:

During the validation process of the shopping basket, Privatefloor calculates the shipping costs and automatically modifies them when you remove or add products.

Before validating your order, you will be able to see all the charges detailed in your shopping basket: the selected products with their prices, the shipping cost, the possible commissions, taxes and commercial discounts. Before making the payment, check carefully that all the contents of the basket are correct (products, quantities, finishes, etc.).

Shipping costs depend on the delivery address, weight and total volume of the selected products. Products of similar size and weight could also have different shipping costs, since we have negotiated a lower shipping rate with the transport company for certain products.

Privatefloor ships to all European Union countries and neighbours (restrictions may apply to non-continental territories), the United Kingdom and Ireland.

Dispatch time:

The dispatch time of each item in your basket may vary depending on the different finishes/ colours. You can check these deadlines in the product page, before confirming the order. In Privatefloor we have a large stock of most products to guarantee a dispatch period of 48 hours, as long as all products and/ or variations/ colours are available for dispatch within 48 hours (2 business days).

For items that are not in stock, the dispatch period specified in the product sheet is indicative, since some circumstances outside Privatefloor’s control, may delay this dispatch period, such as adverse weather conditions for maritime transport, production delays, suppliers holiday period...

Please carefully check the dispatch times of the selected items in your cart.


Order Delivery:

Once the buyer takes possession of the goods of his order, the responsibility of loss or damage is transferred to him.

VERY IMPORTANT:

• In the event that there is visible damage, broken, wet, or open packaging, the Proof of Delivery must be mentioned.

• The customer can refuse to accept the package if there´s any doubt about the integrity of the package.

• Clients will not be allowed to open the box and inspect the goods before signing the acceptance of the order.

• Therefore is mandatory to inspect the box before signing the acceptance of the package.

• If there is NO mention on the POD this will lead directly to the refusal of the later complaint.

• The mention ""subject to unpacking"" has no legal value.

• Disputes must be reported to us within 24 hours of receiving your order.

All boxes and packing accessories must be kept, otherwise, the claim will be rejected.

The delivery service is door-to-door and does not include taking the goods up or into the house, this must be taken care of by the customer. Mounting is also not included.

If the first delivery attempt fails for an independent reason unrelated to us, the second delivery attempt will be charged and the client will be entirely responsible to pay for it.

There are territories within the shipping countries, subject to special taxation conditions, for these countries, the orders will be invoiced without VAT and the customer will pay the customs import clearance and the corresponding taxes in each case.

For deliveries to customers in the rest of the countries, the prices on the customer's invoice include VAT.

Please note before placing an order, that some of our items cannot be imported into certain territories.

6.2 Receipt of Non-Compliant Goods

Upon rcollection of your order at our warehouse, it is imperative that you check the condition and compliancy of the products received.

If you have any complaint to make, please make a note of all the reservations and observations that you consider to be useful, in particular those concerning damage, on the delivery docket (specify if the packaging is damaged: torn protective wrapping, damaged box…), and refuse receipt of the product. Do not sign under pressure from the service provider. If the service provider does not agree to wait, specify this on the removal docket: ‘the service provider did not wish to remain present during the unpacking and inspection of the package’. This is your right and your only recourse in case of damage. The note ‘subject to unpacking’ has no legal value.

Any anomaly with the product (missing or broken products, non-compliancy or damaged packaging) must be made known to PrivateFloor Customer Service within 24 hours of collection at the following address: Contact. Any claims made after this time will be rejected and PrivateFloor will decline all responsibility.

In the case whereby the Buyer is not is a position to recover his or her package it will be kept in the PrivateFloor warehouses. PrivateFloor will then propose to make the order available to the Buyer a second time and invoice the cost of making it available a second time.

This latter procedure also applies to packages returned by your Transport Provider pursuant to an incorrect address or unknown recipient.

The Buyer has an 14 (fourteen) calendar days timeframe, to notify PrivateFloor of his intention to return an item. This timeframe within which to exercise this right of withdrawal begins on the day the order is received by the Buyer. Get a return number by logging on to My Account and then selecting your order. Click on the "Record a return" button. An e-mail containing our return address, as well as a return tracking number will be sent to you. This does not apply to items "made to order".

The Buyer has an extension of 8 (eight) working days to return (at his expense) the Product(s) he ordered if it (they) are not to his satisfaction. This extension begins on the day he receives the Return number mentioned above.

In connection with the right of withdrawal, the products returned must have been subject to minimal usage, meaning that they were tested for a few minutes and do not show any signs of prolonged use.

If the afore mentioned conditions are met, PrivateFloor will reimburse the Buyer within a time frame of 14 working days from the moment that PrivateFloor receives the returned goods. The amount paid by the Buyer, with the exception of the return costs which are the responsibility of the Buyer, will be reimbursed. The reimbursement of dispatching charges will be made according to the following rules:

• If the Buyer returns the full order, he will be reimbursed for the full amount of his order (excluding shipping cost).

The costs and risks associated with returning products are charged to the Buyer. In addition, it is up to the Buyer to retain all proofs of the return. PrivateFloor recommends that Buyers use registered post (Colissimo, delivery outlets) or any other means that offer proof of the return. The documented evidence should carry the following information: the recipient’s address, date of dispatch and packaging number.

8.1 Personal Information

What information do we need?

In order for us to send you your order, you must provide us with certain information of a personal nature. This information includes your full name, email address, postal address and contact telephone number.

Why do we need your information and how do we use it?

In accordance with the General Data Protection Regulations of April 27, 2016, we rely on certain legal bases to collect, use and share your information, including:

• When necessary to provide our services, such as when we use your information to send your order, to resolve a dispute or to provide customer support.
• When you have provided your consent, which you can revoke at any time, such as signing up for our mailing list.
• When it is necessary to comply with a legal obligation or court order or in relation to a legal action, such as withholding information about your purchases if required by a tax law.
• When necessary for the purposes of our legitimate interests, if your rights or interests do not invalidate them, such as 1) provide and improve our services and 2) to fulfill our obligations with respect to the policy and conditions of use of Privatefloor.

Sharing of information and information shown

We only share your personal information for very specific reasons and circumstances, such as in the following cases:

• Service providers. We work with certain trusted third parties to perform tasks and provide services for our store, such as transport companies or external suppliers. We will share your personal information with these third parties, but only to the extent necessary to perform these services.
• Compliance with the law. We may collect, use, retain and share your information if we believe in good faith that it is necessary to: (a) respond to a legal proceeding or to government requests; (b) enforce our contracts, conditions and policies; (c) prevent, investigate and address fraud and other types of illegal activity, security or technical problems; or (d) protect the rights, property and safety of our customers and others.

Data retention

We keep your personal information only for the time strictly necessary to provide our services and as described in the privacy policy. However, we may also need to retain this information to comply with our legal and regulatory obligations, to resolve conflicts and to enforce our contracts. In general, we will keep your data during the following period: 4 years.

Transfers of personal information outside the EU

We can store and process your information through third-party hosting services in the US and other jurisdictions outside the European Union. As a result, we may transfer your personal information to a jurisdiction that has data protection laws and government oversight different from those in your jurisdiction.

Your rights

If you reside in certain territories, including the EU, you have a number of rights in relation to your personal information. While some of these rights are of general application, others apply only in specific cases. Next, we describe those rights:

• Access. You have the right to access and receive a copy of the personal information we have about you. To do this, go to our page and access to My account / My data.
• Change, restrict, delete. You can also change and delete your personal information, as well as restrict our use of it. Except in the case of exceptional circumstances (such as our obligation to store data for legal reasons), we will generally delete your personal information if requested.
• Objections. You can object to us processing part of your information according to our legitimate interests and that we send you email marketing after providing your express consent to receive them. In these cases, we will remove your personal information unless we have compelling and legitimate reasons to continue using that information or if it is necessary for legal reasons.
• Complaints If you reside in the EU and want to raise any question or doubt about the use of your information (and without prejudice to any other rights you may have), you have the right to do so with the corresponding local data protection authority.

Contact

To comply with the purposes of the General Data Protection Regulation of April 27, 2016, Privatefloor, is the data controller of your personal information. If you have any questions, you can contact us via email: [email protected]

8.2 Cookies

The only cookies created by PrivateFloor are during the internet session and they are deleted when the Buyer logs out of the website.

8.3 Web Beacons

Some of the website’s web pages may contain electronic images or “web beacons”, which count the number of visitors to the page.

These web beacons may be used by some of our partners, specifically to measure and improve the efficiency of certain advertisements. In any case, the information obtained via these beacons is strictly anonymous and is simply used for statistical purposes concerning the number of visits to certain pages of the website and thus better serve the website’s Buyers.

9.1 Information About The Products

For every product on sale on the website, PrivateFloor undertakes to give a description of all the essential information, within the limits of the information provided by the supplier.

PrivateFloor does its utmost to gather the maximum amount of information for its Buyers so that they can familiarise themselves with the products before placing an order.

Despite the care taken over the description, mistakes may sometimes occur. If the Buyer notices any incoherencies, he or she can contact Customer Service to inform them. PrivateFloor strives to correct any mistakes as soon as possible. Images and descriptions are not contractual and PrivateFloor cannot be held responsible for any mistakes that might occur.

In particular, the images and the colours of the products shown on the website may not correspond to the real product, depending on the Internet browser and the resolution of the screen used by the client.

PrivateFloor sells top quality items. However, some products have a “vintage” appearance and manufacturers may have added voluntary and desired “deterioration” (holes, fading, permanent creases, etc.). These products have been treated in order to give them a particular appearance. The extra details are often hand-crafted and therefore it is impossible to ensure homogeneity of the products. It is also normal for there to be some differences between the photographed products and the delivered products.

Although not always mentioned, it may be the case that some self-assembly will be required on certain products.

9.2 Guarantees

The guarantees covering the products are shown in the description. A Buyer who has received a defective item whose guarantee is still in effect, should immediately contact PrivateFloor Customer Service, which will inform him about how to proceed to either have the item repaired, replaced or reimbursed. PrivateFloor will do its best to give the Buyer the email address of the supplier’s After Sale Service.

The guarantees covering the products are shown in the description. A Buyer who has received a defective item whose guarantee is still in effect, should immediately contact PrivateFloor Customer Service, which will inform him about how to proceed to either have the item repaired, replaced or reimbursed. PrivateFloor will do its best to give the Buyer the email address of the supplier’s After Sale Service.

9.3 Responsability

PrivateFloor’s responsibility is limited to the total amount of the Buyer’s order. PrivateFloor cannot be held responsible for inconvenience or damage caused by using a computer or a computer network or the Internet. In particular, PrivateFloor cannot be held responsible for service interruption, outside interference or a software virus. The only obligation that PrivateFloor has is to ensure the privacy of those who browse the website, register as clients, place an order and pay for it or any other service proposed by PrivateFloor.

PrivateFloor cannot be held responsible for any damage; material, intangible or corporal caused by the dysfunction or bad use of an item bought on the website.

It is up to the Buyer to verify with his local authorities about the specific taxes, declarations, bans and other rights of use of the imported items he has ordered. PrivateFloor cannot be held responsible if the Buyer does not respect the laws of the country to which the products are delivered.

In the event that one of the clauses in the current contract is declared null and void due to a change in the law, regulation or by judicial decision, it would in no way effect the validity and respect of the other clauses of these General Conditions of Sale.

All the elements on the website, whether visual or audible, including underlying technology, are protected by copyright, trademarks or license. They are the exclusive property of PrivateFloor. Any Buyer who has a personal internet website and who wishes to place a simple link (for personal use) that connects to the website’s home page must first ask PrivateFloor’s permission. On the other hand, any hypertext link returning to the website using framing or in-line linking is prohibited. In any case, any link, even tacitly allowed, will be withdrawn if PrivateFloor asks. Hypertext links can redirect to other websites. PrivateFloor disclaims all responsibility in the case that the contents of such websites violate current laws and regulations.

The present General Conditions of Sale and the recapitulation of the order sent to the Buyer form a binding contract and comprise the totality of the contractual relationship between both Parties.

These conditions apply for the entire time during which PrivateFloor presents its products online.

PrivateFloor cannot be held responsible for the non-execution, either partial or total, of its obligations set out in this contract if the non-execution is caused by an event classified as “force majeure”: disturbances, all-out or partial strike by postal workers or means of transport and/or communication, floods or fire or any natural catastrophe.

In the case whereby “force majeure” British Court of Appeal. If a case is ruled as a “force majeure”, PrivateFloor will inform all Buyers/Buyers within 5 days following this “force majeure”.

In the instance of a “force majeure”, both Parties agree to keep in contact as often as possible so that they can work together to ensure the delivery of an order under normal circumstances.

After a timeframe of 1 (one) month following a case of “force majeure”, if PrivateFloor cannot deliver the items ordered, it will reimburse the Buyer for the totality of the order.

The following is specified to the Buyer:

The present conditions are concluded between, on one hand:

Prodigy Corporation B.V.

Herengracht 420,

1017BZ Amsterdam,

Netherlands

E-mail : Contact

Hereafter named PrivateFloor and, on the other hand the end client.

The General Conditions of Sale are regulated by Netherlands's Law.

Any litigation arising from the General Conditions of Sale will be taken before the competent jurisdictions in application of the rules of common law.