GENERAL TERMS AND CONDITIONS OF SALE

Article 1 – Vendor description

The website www.monlitcabane.com is owned and operated by:

Mr David AGOSTINHO, ‘MON LIT CABANE’, based in 12 Route de Pitoys, 64600 ANGLET, registered as business no. 833 705 510 in the French national business database (SIREN), intracommunity VAT no. FR 518 799 204 78.

Contact us:

  • via email: info@monlitcabane.com
  • by phone, on +33 5 35 45 63 10, from 09 to 6 pm, Monday to Friday, and from 10 am to 1 pm on Saturday (excluding public holidays).

Article 2 – General provisions relating to these terms and conditions (hereinafter, ‘the T&C’)

2.1. Purpose of the T&C

The T&C apply exclusively to the online sale of MON LIT CABANE products (hereinafter, ‘the products’) on the www.monlitcabane.com website (hereinafter, ‘the site’).

2.2. Field of application of the T&C

The T&C exclusively govern the online sale of products by MON LIT CABANE (hereinafter, the ‘Vendor’) to purchasers in their capacity as a customer (hereinafter, the ‘Customer’ or ‘Purchaser’) and constitute, together with the online order, the contractual documents binding on the parties, excluding all other documents, prospectuses, catalogues or product photographs, which are for information purposes only.

The T&C apply exclusively to products delivered to Customers based in continental France and all member states of the European Union.

These T&C and all of the contractual information referred to on the site are published in the French language.

2.3. Application and enforceability of the T&C

The T&C are available to the Customer on the Vendor’s site, where they may be consulted directly.

The T&C are enforceable against the Customer, who, by ticking a box provided for this purpose, acknowledges having knowledge of and accepting the T&C prior to placing their order.

Validation of the order by way of this confirmation implies acceptance by the Purchaser of the T&C in force on the day of the order, the storage and reproduction of which are ensured by the Vendor in accordance with article 1127-2 of the French Civil Code.

2.4. Modifications to the T&C

The Vendor reserves the right to modify their T&C at any time.

In the event of modification of the T&C, the applicable T&C are those in force on the day of the order, a copy of which, bearing that day's date, may be provided to the Customer at their request.

2.5. T&C clauses

The nullity of a contractual clause shall not entail the nullity of the T&C in their entirety.

The temporary or permanent non-application of one or more clauses of the T&C by the Vendor shall not be construed as a waiver on their part of the other clauses of the T&C, which continue to have effect.

Article 3 – Products

3.1. Characteristics

The products offered for sale and presented in the catalogue published on the site each bear a description citing their main characteristics within the meaning of article L. 111-1 of the French Consumer Code.

The photographs illustrating the products do not constitute a contractual document.

3.2. Instructions for use

Insofar as they are necessary, instructions for how to use the product shall be provided in the online catalogue or, at the latest, upon delivery.

3.3. Conformity

The products comply with the regulations in force relating to the health and safety of people, fair trading and consumer protection at the time they are placed on the market.

3.4. Availability of stock

The products are offered and delivered while stocks last.

In the event of the unavailability of an ordered item, the Vendor shall inform the Purchaser accordingly, without delay, and offer them a product of the same quality and at an equivalent price, or, if this is not possible, a voucher to the value of the order, which may be used for any subsequent purchase.

Should the Purchaser not agree to accept this offer, the Vendor shall reimburse the sums paid within three months.

Aside from reimbursing the cost of the unavailable product, there is no obligation on the Vendor to pay any cancellation fee, unless the failure to perform the contract is attributable to them personally.

Article 4 – Price

4.1. Selling price

In accordance with article L. 112-1 of the French Consumer Code, the selling price of each product is indicated in the online catalogue in euros and includes tax but not delivery and transportation costs, which are added later, upon confirmation of the order.

The total amount to be paid by the Customer is indicated on the order confirmation page.

The selling price of the product is the one in force on the day of the order.

The selling price of products does not include shipping costs, which are invoiced in addition to the price.

In the event of a price promotion, the Vendor undertakes to apply the promotional price to every order placed within the period covered by the campaign publicising the promotion.

4.2. Price modifications

The Vendor reserves the right to modify their prices at any time, while guaranteeing to the Customer that the price in force on the day of the order will apply.

4.3. Fees

Additional transport, delivery or postage fees (plus other possible costs borne by the Vendor), of which the Customer must be informed before ordering, are quoted on the order confirmation.

Article 5 – Offer

5.1. Delivery region

The products offered for sale online on the site are available only to Customers living in continental France and/or a member state of the European Union and for delivery within the same geographical areas.

5.2. Duration

The offer of products for sale online on the site is valid, unless otherwise indicated, for as long as the products feature in the online catalogue and while stocks last.

5.3. Offer acceptance

By double-clicking on the order confirmation, the Customer accepts the offer.

Article 6 – Ordering

6.1. Steps to conclude the contract

To place an order, the Customer adds the selected products in the desired quantities to their cart, clicks on the ‘Proceed to checkout’ button and provides the relevant information regarding delivery and payment method.

Before clicking on the ‘Confirm your order’ button, the Customer has the opportunity to check the details of their order and the total price, and may return to the previous pages to rectify any errors or possibly change their order.

Confirmation of the order implies acceptance of the T&C and forms the contract.

The Vendor sends an email confirming receipt of the order and payment as soon as practicable.

6.2. Modifying the order

Any changes to the order by the Customer following confirmation of that order are subject to acceptance by the Vendor.

The Vendor reserves the right to make changes to the product ordered in line with technological developments, as set out in article R. 212-4 of the French Consumer Code.

6.3. Validation of the order

The Vendor reserves the right to refuse any order on legitimate grounds, especially if the quantities of products ordered are abnormally high for a normal Customer.

6.4 Customer's Informations

The customer is considered responsible for the information he/she indicates when creating his/her account and placing his/her order.

Therefore, the seller cannot be held responsible for any error in the data indicated (email, telephone number, name, first name, post code, city, country, etc.).

Article 7 – Contract

7.1. Conclusion

The sales contract is formed from the moment the Customer sends the confirmation of their order.

7.2. Archiving and proof

Records of communications, order confirmations and invoices shall be kept on a reliable and robust information medium so as to constitute a faithful and durable copy, in accordance with article 1360 of the French Civil Code. These communications, order confirmations and invoices may be produced as evidence of the contract.

7.3. Termination

The order may be terminated by the Customer in a registered letter requiring proof of receipt or in writing on another durable medium in the following cases:

- the product delivered does not match the stated characteristics of the product;

- delivery is not effected by the date stipulated on the order confirmation or, if no such date is stipulated, within thirty days of the conclusion of the contract, after which the Vendor is required, according to the same terms and without consequence, to effect delivery within an additional reasonable timeframe;

- the price increases without justification on the basis of a technological change to the product imposed by the public authorities.

In all of these cases, and assuming that the Purchaser would have paid a deposit, they may demand a refund of said deposit, plus interest calculated at the legal rate from the date of the payment.

The order may be terminated by the Vendor in the following cases:

- refusal by the Purchaser to take delivery;

- non-payment of the price (or the balance) on delivery.

In all of these cases, the Vendor may retain the deposit paid on the order as compensation.

Article 8 – Payment

8.1. Payment terms

  • Payment in full upon confirmation of the order

The full amount is payable upon confirmation of the order.

Excluding any sums paid that are reimbursed owing to unavailability of the product ordered under the terms laid down in articles 3 and 4 of these T&C, all sums paid in advance towards the price start to generate interest at the legal rate once three months have elapsed from the date of the payment and up to point the product is delivered or, failing that, the sum paid on the order is refunded.

Payment shall be made immediately upon ordering by bank card, PayPal or bank transfer.

  • Payment in 3/4 instalments at no extra cost

The Seller offers its Customers Alma's credit service for the settlement of their purchases and the execution of payment. This is subject to the Customer's acceptance of the GCU or of the credit agreement proposed by Alma. Any refusal by Alma to grant credit for an order may result in the cancellation of the order. Any cancellation of the GCS binding the Customer and the Seller entails the cancellation of the GCS or of the credit contract between Alma and the Customer. Payment in three or four instalments is available via our partner Alma. Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure. Purchase amount: only purchases between 100€ and 2000€ are eligible for payment with Alma. Fees: when paying by instalments with Alma, the Customer does not pay any fees [if you share part of your fees with the Customer, add the following mention, otherwise remove it:] except in the following cases: for payment in 3 instalments: 0% for deferred payment: 0%. Alma is a tele-payment manager and issues an electronic certificate as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 et seq. of the French Civil Code. Termination: any termination of the GTC binding the Seller and the Customer shall result in the termination of the GCU between Alma and the Customer.

8.2. Additional payment

Prior to entering a sales or service provision contract, the Vendor ensures they have the explicit consent of the Customer regarding all supplementary payments in addition to the price of the main subject of the contract. Where the additional payment arises on the basis of consent by default on the part of the Customer, i.e. the latter did not expressly object to unsolicited payment options, the Customer may claim reimbursement of sums paid in connection with this additional payment.

8.3. Payment security

The site’s secure online payment system, which allows the Customer to encrypt transmission of their bank data, uses CREDIT AGRICOLE’s secure online payments platform (‘e-transactions’).

8.4. Payment delay

Any amount that is not paid by the due date shall generate, without formal notice, interest at the legal rate.

8.5. Payment default

In the event that the agreed price is not paid when due, the Vendor reserves the right either to demand that the sale be processed or to terminate the contract by means of a registered letter requiring proof of receipt and to retain, as compensation, any deposit paid on the order.

Where several instalment due dates have been agreed, failure to pay any one of these instalments when due results in subsequent instalments becoming payable immediately, unless the Vendor has opted to terminate the order.

8.6. Title retention clause

The Vendor remains the owner of the products sold until such time as the price has been paid in full and the Purchaser commits to taking all the precautions necessary to ensure the products remain in good condition until such time as ownership has been transferred to them.

Article 9 – Delivery

9.1. Definition

Delivery is understood as transferring physical possession or control of the item to the Customer.

For each order, with certain exceptions, the Customer is required to make a flat-rate contribution to the cost of processing the order (post, packaging, preparation of the package), which is advised at the ‘Add to cart’ stage of the online order process.

For products that arrive unassembled, assembly is the responsibility of the Customer. The latter puts the item together or gets it to work by following the advice in the instruction manual.

9.2. Delivery period

The Vendor undertakes, in accordance with the delivery deadline indicated on the site for each product, to deliver the products, depending on their type, within a period of one to eight weeks of receiving the order.

9.3. Late delivery

Where the product ordered is not delivered or the service is not provided by the date or before the expiry of the deadline stipulated on the order confirmation, the Customer, having called on the Vendor, without success, to fulfil their obligation to deliver within a reasonable additional period, may terminate the contract by registered letter requiring proof of receipt or in writing on another durable medium.

9.4. Delivery address

The products shall be delivered to the address indicated by the Customer on the order confirmation.

9.5. Delivery terms

Delivery is effected by providing the product directly to the Purchaser or, failing that, by the provision of a delivery notice by the Vendor to the Purchaser, advising of its availability.

The Purchaser must retrieve the product ordered within fifteen days of the date on the notice of availability.

Should the product not be retrieved within the period stipulated, the Vendor, after issuing the Purchaser with a formal notice that remains unheeded, may automatically cancel the order and retain any deposit paid as compensation.

Where the product is delivered by a carrier to the address indicated on the order confirmation, it is incumbent upon the Purchaser to check the condition of the product delivered in the presence of the delivery person and, in the event of damage or missing items, to record their concerns on the delivery note or waybill and, potentially, refuse to accept the product and advise the Vendor accordingly.

9.6. Product conformity

If the product does not meet the requirements of the order, the Customer must make a claim to the Seller in order to obtain the replacement of the product or the possible cancellation of the sale.

However, for any replacement of damaged parts, the Customer must send the Seller, before assembling the beds or installing the products, proof of the non-conformity of the products (by means of photos to the following address: info@monlitcabane.com) .

Any reports made after beds have been assembled or products installed will not be accepted.

9.7. Product unavailability

Where products are unavailable at the time of delivery, the Vendor may offer, under the terms laid down in articles 3 and 4 of these T&C, a product of the same quality and price.

9.8. Failure to deliver

Total non-delivery shall result in automatic termination of the contract of sale.

9.9. Delivery and transfer of risk

The risk of loss of or damage to the goods shall be transferred to the Customer the moment they, or a third party designated by them, takes physical possession of the goods, with no distinction being made as to their nature.

Products that are delivered to the Customer by a carrier chosen by the Vendor are transported at the Vendor’s risk.

Products that are delivered to the Customer by a carrier of their choosing are transported at the Customer's risk from when the product is handed over to the carrier.

9.10. Transfer of ownership

Ownership of the product is transferred to the Purchaser from the date of delivery indicated on the order confirmation, except in cases where the purchase price has not been paid in full at the time of the order.

9.11. Spare parts

At the time of purchase of the product, the Vendor must confirm to the Customer – on the order confirmation, in the general terms and conditions or on any other durable medium – the information already provided as part of the pre-contractual information and that was received by the Vendor from the manufacturer or importer of furniture items regarding the period during which, or the date until which, the spare parts necessary to use an item shall be available. 

9. 12. Modification and Cancellation when sending is in progress

If the buyer wishes to make a change resulting in the return of the product or cancel his order AFTER it has been sent, a deduction of €34.90 (thirty-four euros and ninety cents) will be applied.

9. 13. Return to sender

When a product has been shipped, our delivery service is responsible for contacting the buyer if the delivery poses a problem.
If the parcel is returned to the sender, after 3 emails and 1 call remaining without action on the part of the buyer, the seller reserves the right to reimburse the customer - (minus) the postage which has been applied at the time of purchase or - 34.90 (thirty four euros and ninety nine cents) €.

9. 14 Personal delivery

During a direct sale, the buyer will be required to pick up the goods directly from our warehouse.
The products must only be transported by the buyer. We will not be able to provide any assistance when hand-delivering the products.

Article 10 – Legal guarantee of conformity and guarantee against hidden defects

10.1. Customer information

The general terms and conditions applicable to consumer contracts include:

1. as determined by order of the Minister for the Economy, the existence, conditions for implementing and content of the legal guarantee of conformity and guarantee against hidden defects of the item sold for which the Vendor is liable;

2. if applicable, the existence of a commercial warranty and after-sales service.

All products supplied by the Vendor are covered by the legal guarantee of conformity set out in articles L. 217-4 et seq. of the French Consumer Code or the guarantee against hidden defects set out in articles 1641 to 1649 of the French Civil Code.

10.2. Implementation of the guarantee of conformity

The Vendor is obliged to deliver an item that conforms to the contract, and is liable for any defects existing at the time of delivery.

They are also liable for defects that arise as a result of packing, assembly instructions or installation insofar as this is their responsibility under the contract or occurred under their responsibility.

In order to conform to the contract, the item must:

1. be suitable for the use normally expected of a similar item and, if applicable:

- match the description provided by the Vendor and possess the qualities of the sample or model presented by them to the Purchaser;

- possess the qualities that could legitimately be expected by a Purchaser in view of the public declarations made by the Vendor, the manufacturer or their representative, particularly in publicity materials or on labelling; or

2. possess the characteristics defined by mutual agreement between the parties or be suitable for any special usage required by the Purchaser that was advised to the Vendor and accepted by them.

Claims relating to defects in conformity must be made within two years of the date of delivery of the item.

10.3. Implementation of the guarantee against hidden defects

The Vendor is liable under the guarantee for any hidden defects in the item sold that make it unusable for the purpose for which it was intended or that diminish its use to such an extent that the Purchaser would never have bought it or would have paid a lower price for it, had they known.

Claims relating to critical defects must be taken by the Purchaser within two years of the discovery of the defect.

Article 11 – Guarantee clauses

11.1. Disclaimer

Pursuant to article L. 241-5 of the French Consumer Code, clauses that exclude or limit the rights granted to Customers by legal guarantees, which are considered non-binding where they are concluded before any claims on their part, are enforceable where they are concluded after a claim.

11.2. Law applicable to guarantees

Under the European Directive of 25 May 1999 concerning the sale and guarantee of consumer goods, French law applicable to the contract cannot have the effect of depriving a Customer residing in another member state of the guarantees granted to them by their national law.

Article 12 – Liability

12.1. Exemption from liability

The Vendor cannot be held liable for failure to fulfil or improper fulfilment of a contract when this was due either to the Purchaser, an unforeseeable and unpredictable event or force majeure.

The Vendor shall not be held liable for inconvenience or harm relating to use of the internet, such as service interruptions, the presence of computer viruses, outside intrusion or any other events deemed force majeure by the French courts.

The website complies with French law and the Vendor in no way provides any guarantee of compliance with local legislation that may be applicable to users who access the website from countries other than France.

The Vendor shall not be held liable for failure of the product to comply with the law in the country of residence of the Customer, whose responsibility it is to ensure the product is not prohibited for sale in their country.

12.2. Penalty clause

In all cases where the Customer fails to fulfil their obligations, the deposit paid towards the order may be retained by the Vendor as compensation.

The Vendor shall not be held liable for inconvenience or harm relating to use of the internet, such as service interruptions, the presence of computer viruses, outside intrusion or any other events deemed force majeure by the French courts.

The website complies with French law and the Vendor in no way provides any guarantee of compliance with local legislation that may be applicable to users who access the website from countries other than France.

 

Article 13 – Termination clause

Termination of the order under the terms laid out in these T&C shall be advised by means of a registered letter requiring proof of receipt or by electronic mail and shall be deemed effective without legal formality.

Article 14 – Right of withdrawal

In accordance with the provisions of article L. 221-28 of the French Consumer Code, the right of withdrawal may not be exercised in relation to certain contracts, in particular:

- contracts to supply services that have been executed in full before the end of the withdrawal period and whose execution commenced following the Customer's prior express agreement and express waiver of their right of withdrawal;

- contracts to supply goods made to the Customer's specifications or clearly customised;

- contracts to supply goods that have been unsealed by the Customer after delivery and that may not be returned for reasons of hygiene or health protection;

- contracts to supply goods that, once delivered and by their nature, are combined with other articles in such a way as to be inseparable from them.

14.1. Conditions, timeframe and means of exercising the right of withdrawal

Once the Customer has signed the contract, they shall have the right to withdraw from it, without giving a reason, within fourteen days.

The withdrawal period expires fourteen days after the day on which the Customer, or a third party designated by them, takes physical possession of the last lot or item.

To exercise their right to withdraw, the Customer must notify the Vendor of the following:

- their name, postal address and, if available, their telephone number, fax number and email address;

- their decision to withdraw from the contract by means of a clearly worded statement (for example, in the form of a letter sent by post, fax or email, in which the aforementioned information is provided and therefore appears on the standard withdrawal form). The Customer may use the withdrawal form template but this is not compulsory.

In order for the withdrawal period of fourteen days to be respected, it is sufficient for the Customer to send their communication regarding the decision to exercise their right to withdraw before this period expires. In all cases, the burden of proof in this regard rests with the Customer.

14.2. Implications

Where the Customer withdraws from the contract, the Vendor shall reimburse all payments received from the Customer, including delivery costs (with the exception of additional costs arising from the fact that the Customer selected a different delivery method from the less expensive standard delivery offered by the Vendor), without undue delay and, in any event, no later than fourteen days from the day on which the Vendor was informed by the Customer of their decision to withdraw from the contract.

The Vendor shall make the reimbursement using the same method of payment used by the Customer for the initial transaction. Another method may be used with the express agreement of the Customer. In any event, this reimbursement should not entail any cost to the Customer.

The Customer is reminded that, in cases where they withdraw after having used the item(s), they are held liable for any diminished value of the item(s) resulting from it/them being handled in a manner other than that necessary to ascertain the nature, characteristics and functioning of the item(s). According to the European Commission, such handling equates to how a Customer might behave in a shop, with regard to the items on sale there.

Where the Customer withdraws from a contract, they must return the item to the Vendor without undue delay and, in any event, no later than fourteen days from the day on which the Customer communicated their decision to withdraw from the contract to the recipient indicated on the withdrawal form. The deadline shall be deemed to have been respected if the Customer returns the items ordered within the fourteen-day period.

Where the Customer withdraws from a contract, they must bear the direct costs of returning the item. If the Customer is not in a position to be able to return the package themselves, the Vendor may, at the request of the Customer, instruct a carrier. In such a case, the Customer bears the cost of returning the package.

Costs and terms of return:

Simple bed:  €40 per bed.
House bed: €50 per bed.
Double house bed: €50 per bed.
Drawer house bed: €70 per bed.
Bunk or mezzanine bed : €50 per bed, €70 with drawer.
Tipi bed: €50 per bed.
Mattress: return at customer's expense.
Decoration: return at customer's expense.

The company may defer the reimbursement until such time as it receives the item(s) ordered or the Customer provides evidence of having sent the item(s) back, whichever is earliest.

14.3. Withdrawal form template

The withdrawal form template can be found at the end of the document and is detachable.

Article 15 – Intellectual property

The elements displayed on the www.monlitcabane.com website are the exclusive property of the owner and are protected by copyright, trademark rights and patent rights.

Any reproduction and distribution of these elements, without the prior written authorisation of the owner, risks exposing the offenders to prosecution.

Article 16 – Processing of personal data

In accordance with the French Data Protection Act, you have the right to access, rectify and, subject to the applicable legal provisions, erase your personal data, the processor in this instance being Mr David AGOSTINHO.

If you have previously agreed to receiving such communications you may receive marketing emails or text messages from MON LIT CABANE, from which you can unsubscribe by, in the case of emails, clicking on the unsubscribe link included at the bottom of each email received and, in the case of text messages, by clicking on STOP in each text message received.

It should also be noted that Customers who do not wish to be contacted by telephone for commercial purposes may register for free on the French ‘do not call’ register, Bloctel, at bloctel.gouv.fr.

The collection of personal data, their use for the purpose of processing orders and compiling customer records, and their transmission to third parties responsible for order fulfilment and payment are subject to the consent of the person concerned.

The processor shall process personal data solely for the purpose of efficient order administration and conduct of business.

The Customer has the right at any time to access, alter, rectify and erase their personal data.

Article 17 – Mediation

17.1. Previous complaint

In the event of a dispute, the Customer must contact, in the first instance, the company’s customer service department on +33 6 17 73 79 02 from 10 am to 1 pm and 2 pm to 6 pm, Monday to Friday, and from 10 am to 1 pm on Saturday (excluding public holidays) or by email, to admin@monlitcabane.com, or by post, to ZA LIZARDIA 64310 SAINT PEE SUR NIVELLE, FRANCE.

17.2. Application for mediation

If the claim submitted to the company's customer service department is not resolved, the Customer may resort to conventional mediation, such as that provided by the French Consumer Mediation Commission or the various sector-based mediation services, or to any alternative dispute resolution mechanism (e.g. conciliation) in the case of a dispute.

The Customer may also submit their complaint on the online dispute resolution platform of the European Commission, which can be found at:

http://ec.europa.eu/consumers/odr/ The European Commission will forward the claim to the competent national mediation bodies.

The parties to the contract retain the right to agree or refuse to resort to mediation and, in the event that they do resort to mediation, to accept or refuse the solution proposed by the mediator.

Article 18 – Competent jurisdiction

If an amicable agreement cannot be reached, the Customer may submit to a court any dispute relating to the existence, interpretation, conclusion, execution or breaking off of the contract, as well as to all documents connected with this contract.

The competent jurisdiction shall be the court of the defendant’s place of residence or of the location of the effective delivery of the item or performance of the service provided.

Article 19 – Applicable law

This contract and the T&C governing it are subject to French law.

Article 20 - Games and promotions

Winter sales : offer valid from 10/01 to 06/02 while stocks last on selected products.

Annex 1

WITHDRAWAL FORM

(Please fill in and return this form only if you wish to withdraw from the contract.)

For the attention of David AGOSTINHO, ‘MON LIT CABANE’, based at ZA LIZARDIA 64310 SAINT PEE SUR NIVELLE, admin@monlitcabane.com

I/we (*) hereby give notice of my/our (*) withdrawal from the contract concluded on: .....(please fill in) and the subject of which is the sale of the below item: .....(please fill in)

ordered/received (*) on: .....(please fill in)

Name of the Customer(s): .....(please fill in)

Address of the Customer(s): .....(please fill in)

Signature of the Customer(s) (required only when this form is being submitted in paper form)

Date: .....(please fill in)

(*) Delete as applicable.

Annex 2

Reminder of the provisions of the French Consumer Code and French Civil Code relating to the legal guarantee of conformity and legal guarantee against hidden defects

- Legal guarantee of conformity

Article L. 217-4 of the French Consumer Code

The vendor shall deliver an item that conforms to the contract, and is liable for any defects existing at the time of delivery.

They are also liable for defects that arise as a result of packing, assembly instructions or installation insofar as this is their responsibility under the contract or occurred under their responsibility.

Article L. 217-5 of the French Consumer Code

The item conforms to the contract:

1° if it is suitable for the use normally expected of a similar item and, if applicable:

- it matches the description provided by the vendor and possesses the qualities of the sample or model presented by them to the purchaser;

- it possesses the qualities that could legitimately be expected by a purchaser in view of the public declarations made by the vendor, the manufacturer or their representative, particularly in publicity materials or on labelling; or

2° if it possesses the characteristics defined by mutual agreement between the parties or is suitable for any special usage required by the purchaser that was advised to the vendor and accepted by them.

Article L. 217-12 of the French Consumer Code

Claims relating to defects in conformity must be made within two years of the date of delivery of the item.

- Guarantee against hidden defects

Article 1641 of the French Civil Code

The vendor is liable under the guarantee for any hidden defects in the item sold that make it unusable for the purpose for which it was intended or that diminish its use to such an extent that the Purchaser would never have bought it or would have paid a lower price for it, had they known.

Article 1648, paragraph 1 of the French Civil Code

Claims relating to critical defects must be taken by the Purchaser within two years of the discovery of the defect.

Article 21 -

Terms and Conditions of the Family Subscription: By subscribing to our Family subscription on www.monlitcabane.com, you agree to the following terms and conditions: Duration of the subscription : The Family subscription is valid for 1 year.

To benefit from your advantages at the end of the first year, you will need to take out the subscription again.

Fees and payment: The subscription is €49.90/year. Cancellation of subscription: Subscribers can cancel their subscription at any time by contacting Customer Services using the contact form or by telephone.

However, no refund will be made pro rata to the period, as the subscription was paid for 1 year at the time of purchase. Price changes: We reserve the right to change subscription fees by providing reasonable notice to subscribers.

Subscribers will have the opportunity to cancel their subscription before the new rates come into effect. Family Subscription conditions: The Family Subscription is not available in the following countries and regions: United Kingdom, Switzerland, Corsica.

1/ Free delivery: delivery is free from the first order. Free delivery extends to the end of the subscription period.

2/ Free returns: returns are free for Family members. Certain conditions must be met for the return to be granted.

3/ 60-day cooling-off period: You have 60 days to return your purchase under the following conditions (depending on the type of product):

1) beds: assembled beds may be returned provided they have not been used and provided they have not been damaged during assembly -and possible disassembly-. They must also be in a packaging similar to that of the shipment (in cardboard) and with all the elements included in the delivery (screws, assembly instructions). To request a return, please fill in our returns form, which will be validated by our customer service department and we will offer you a collection time slot. If, on receipt of the product, we find a discrepancy with the items supplied, we reserve the right to apply a depreciation.

2/ Mattresses: mattresses must be returned in their original, undamaged condition. They must be in suitable packaging and folded. To request a return, please fill in our returns form, which will be validated by our customer service department and we will offer you a time slot for the return. Returns can also be made to a collection point, subject to acceptance. If, on receipt of the product, we find a discrepancy with the items supplied, we reserve the right to apply a depreciation.

3/ Decoration: decoration products must be returned in their original packaging and must not have been used in order to be taken back. To request a return, please fill in our returns form. Customer service will validate your request and we will offer you a time slot for the return. Returns can also be made to a collection point, subject to acceptance. If, on receipt of the product, we find a discrepancy with the elements supplied, we reserve the right to apply a depreciation.

4/ Loyalty programme: Mon Lit Cabane Family members receive a €20 voucher for every €1000 spent. The member can generate the voucher from their customer area and add it directly to their basket.

5/ Access to private sales: Mon Lit Cabane Family members benefit from early access to our private sales. Access will be indicated to the appropriate person when the sales are set up. 6/ Invitation to events: Mon Lit Cabane Family members have the possibility of being selected to take part in exclusive events organised by Mon Lit Cabane. Members selected at random will be contacted with details of how to access the event. Liability: We are not responsible for service interruptions or disruptions due to circumstances beyond our control. By subscribing to Family, you acknowledge that you have read, understood and accepted these conditions. These conditions may be amended from time to time, and subscribers will be informed of any changes.

*Please note that returns can be made to a relay point depending on the type of product.

**The benefits and conditions of the subscription are only valid for purchases made during the subscription period.