General terms and conditions of sale

The PORTOBELLO e-shop offer is proposed by the company PATISS under the name PORTOBELLO.

These General Terms and Conditions of Sale and Delivery govern the rights and obligations of the buyer and the seller for all orders placed remotely via the website www.portobello-eshop.com. The access to this address and to the electronic store is also done through the addresses www.portobello-decoration.fr and www.portobello-decoration.com.

By clicking on the button "Validate my order" you agree to comply with these general conditions of sale, having read and accepted these conditions which are those in force at the time of validation of the order.

The store mentions the following information:

- Company identification:

PATISS sign PORTOBELLO limited liability company with a capital of 7 622,45 euros

Domiciled at 34 rue du roi de Sicile, 75004 Paris

FRANCE

VAT NUMBER: FR 85418101614

registered in the PARIS trade and company register under the number RCS 418 101 614.

Tel : 00 33 (0)1 42 72 27 74

E mail : www.portobello@portobello-decoration.com

Updated December 10, 2015

Preamble

The present site is published by the company PATISS sign Portobello.It is accessible via the Internet at the following addresses: www.portobello-eshop.com, www.portobello-decoration.fr

The present general conditions (hereafter the "General Conditions of Sale") govern without restriction the sales of products (hereafter "Products") carried out between PATISS and the Customers since the www.portobello-eshop.com site. Any order of a Product proposed on the Site implies the full and whole adhesion of the Customer to the present General Conditions of Sale. They constitute, with the validation and confirmation of the order, the contract between PATISS and the Customer.

The PATISS company reserves the right to modify at any time the present General Conditions of Sale by publishing a new version on the site. The applicable General Conditions of Sale are those in force on the site at the date of placing of order.

For any question or complaint, the PATISS Portobello After-Sales Service teams can be reached: By email: By phone: + 33 (0)1 42 72 27 74 (no surcharge), Tuesday to Friday from 11am to 6pm By mail: 34 rue du roi de Sicile 75004 PARIS


ARTICLE 1. OBJECT

The products bought via the site www.portobello-eshop.com are sold through the company PATISS which makes the offer, with natural people not tradesmen who operate at ends apart from any professional or commercial activity (hereafter called Customers).

Validation of these General Terms and Conditions of Sale, the order summary sent to the Customer by email and the Customer's payment are proof of the conclusion of a contract between PATISS and the Customer, which will be governed by these Terms and Conditions. Customers must be of legal age and have the legal capacity to enter into such a contract, failing which it will not be valid.

ARTICLE 2. PRODUCTS

The Customer can acquire any Product presented as available (in stock or on order) and at the price indicated on the Site on the day of placing the order. If, in spite of our vigilance, the Products prove to be unavailable, PATISS ensigns Portobello will inform the Customer by e-mail as soon as possible and will propose an adapted solution to him, in accordance with Article 3.4 below.

Concerning the products in delays, the company will conform as much as possible to the indicated delays. If in spite of our efforts, an additional time is necessary, PATISS sign Portobello will inform the customer by e-mail as soon as possible and will propose an adapted solution.

The descriptions of the Products summarize their aesthetic and technical characteristics. The photos of the Products put online on the Site are as faithful as possible to reality. However, the Customer understands and accepts that some Products are created or manufactured according to processes that do not allow to obtain exactly identical Products, but that give each one of them its own identity and aesthetics, which may vary significantly from one Product to another and differ slightly from the photos put online on the Site.

ARTICLE 3. TERMS OF ORDER OF THE PRODUCTS

3.1 Registration on the Portobello-eshop website

When placing the first order, the Customer will be able to create a customer account by following the registration process and providing the required information which will be protected in accordance with Article 8 below.

The customer will be able to place an order without creating a customer account. He will have to fill a certain number of information in order to validate his order. This information will be protected in accordance with Article 8 below.

The accuracy of the personal data provided by the client is the client's sole responsibility; PATISS ensign Portobello shall in no way be held responsible for verifying the accuracy of such data and shall in no way be held liable for any incorrect information that may lead to the failure of the Sales Order or delivery.

When creating his account, the Customer chooses a login and a password which will be specific to him to identify himself on the Site. The Customer is exclusively responsible for preserving their confidentiality.

By using his or her login and password, the Customer can access his or her account at any time (except during temporary maintenance periods of the Web site) and place Orders, track his or her Orders or deliveries in progress or manage his or her personal information.

The Customer shall be bound by any Order placed on the Web Site (subject to the exercise of his or her right of withdrawal as provided for in Article 7 below).

3.2 Placing the order

The Customer can place an order on the Site of PATISS sign Portobello. He can add all the Products identified as available or on order in his basket by means of the corresponding button, which will be indicated on the Site.

The shopping cart remains available and can be modified at any time until the final validation of the purchase order by the Customer (hereafter the "Order").

Once the contents of the basket have been validated, the Customer can confirm his Order by completing the following steps:

Confirm selected Products and quantities;

Complete all the information requested by the Site;

Accept without reservation the present General Conditions of Sale, by clicking on the button indicated;

Validate the payment, by clicking on the indicated button.

Validation of the Customer's Order implies acceptance of the prices and characteristics of the Products purchased on the Web site, as well as of these Terms and Conditions.

The Customer is entirely responsible for the accuracy of the identification and delivery information that he/she provides to PATISS signora Portobello when placing an Order on the Site. In the event of an error that could lead to a delay in delivery, PATISS ensigns Portobello shall not be held responsible and any additional costs shall be borne by the Customer, in accordance with Article 5 below.

3.3 Order Confirmation

Once the payment has been made, a payment confirmation email summarizing the details of the Order will be sent to the Customer, at the email address indicated when transmitting his or her contact information, no later than 24 hours after the payment has been accepted.

Order confirmations are recorded on PATISS ensign Portobello's registers, which are kept on a reliable and durable medium. The Customer agrees that the Order confirmation shall be considered as proof of the contractual relationship between the Customer and Petite Friture on the Site.

The Order shall be considered final and the contract between PATISS ensign Portobello and the Customer formed only upon receipt by PATISS ensign Portobello of the payment of the price by the Customer.

In accordance with article L122-1 of the French "Code de la Consommation", PATISS ensign Portobello reserves the right not to validate the Sales Order for legitimate reasons and in particular in case of:- Abnormal or abusive claims from the Customer in relation to previous Orders; - Abnormal or abusive exchanges and returns from the Customer in relation to previous Orders; - Existing dispute(s) with the Customer.3.4 Product availability

In the event that a Product is unavailable after the Sales Order has been confirmed and paid for, the Client may, at his/her request- Either be delivered the available Products and be reimbursed for the amount of the unavailable Products in his or her order, inclusive of tax.- Or cancel the entire order and be reimbursed for the total amount of the order including all taxes and delivery charges.- Or ask for the delivery of a Product of an equivalent quality and price, within the limits of available stocks.The refund will be made via the same method of payment as the one used by the Customer to pay the amount of his order, within 30 (thirty) days of the confirmation of the choice of the Customer's method of compensation.ARTICLE 4. PRICE AND PAYMENT

4.1 Calculation of the total price of the Order

The prices of the Products are indicated on the Site in Euros, including all taxes, but excluding delivery charges. The Value Added Tax is the one in force on the French metropolitan territory on the day of the Order.

The prices applied are those displayed on the Site when the Customer confirms his/her Order.

Delivery costs are communicated to the Customer when the Order is placed. For deliveries outside of the European Union, all customs clearance procedures and fees shall be borne exclusively by the Customer.

The price of the Products and the cost of preparing and delivering them are payable in full by the Customer upon placing the Order. They are indicated on the Sales Order confirmation sent by PATISS signora Portobello to the Customer.

4.2 Terms of payment for the Order

The Customer pays for his order by credit card (Carte Bleue, Visa, Eurocard/Mastercard) in accordance with the provisions of this article.

All credit card payments shall be made via a secure platform accessible from the Portobello-eshop Web site. The Customer guarantees that he/she is the holder or authorized to use the credit card used to pay for the Order. The payment order made by credit card cannot be cancelled.

Payment shall be deemed effective upon confirmation of the agreement of the banking payment centers. Payment of the Order by the Customer is irrevocable, without prejudice to the Customer's right of withdrawal.

In the event of fraudulent use of his credit card with PATISS ensign Portobello, the Customer is invited to contact PATISS ensign Portobello at the number and during the reception hours indicated in the Preamble to these Conditions.

The ownership of the Products is transferred to the Customer only after full payment of the price by the latter.

ARTICLE 5. DELIVERY OF THE ORDER

The Products will be delivered to the Customer after validation of the payment of the Order, whatever the mode of delivery.

5.1 Delivery method

The delivery of the Products is ensured either by the services of the Post office, in Colissimo followed, or by modes of deliveries adapted for the pieces of furniture of important sizes such as settee, bookcase, large table.

Products are delivered to the address indicated by the Customer when placing the Order on the Web Site. The Customer is responsible for verifying the completeness and accuracy of the information provided by him/her to PATISS ensign Portobello. The latter shall not be held liable for any typing errors or missing information and for the consequences thereof in terms of late delivery or incorrect delivery. In this context or in the context of an impossibility to the deliverer to deliver, all the expenses engaged for the forwarding of the order will be entirely with the load of the Customer.

PATISS ensign Portobello cannot be held responsible for delays in delivery due to errors or disruptions attributable to the carriers (e.g. total or partial strike of postal services and means of transport and/or communications).

In the event of delays, damage or total or partial loss of the Products and/or the Order, it is the Customer's responsibility to take any action directly with the carrier so that the latter assumes its responsibilities, and to inform PATISS ensign Portobello at the same time.

PATISS ensigns Portobello will not be able to remedy the carrier's defaults of performance that the latter would not want to assume, but will be able to possibly and on a case-by-case basis propose to the Customer a compensation if he does not obtain satisfaction from the carrier.

5.2 Delivery times

The delivery time of the Products will be indicated to the Customer when the latter places his/her Order. PATISS ensign Portobello will make its best efforts to ensure that the Sales Order, accompanied by a delivery note, is dispatched within three (3) to ten (10) working days following receipt of the Customer's payment.

In any event, any Product purchased on the Web site shall be delivered to the address indicated by the Customer at the time of the Order within a maximum of thirty (30) working days from the day following receipt of payment for the Order.

However, delivery may not be assured in the event of force majeure as defined by the jurisprudence of the French Courts.

5.3 Receipt of the Order and reservations upon delivery

A delivery is considered to have been made when the Product is available at the delivery location agreed upon with the Customer when the Order was placed and, if applicable, with the carrier. The availability of the Product is validated by the control and traceability system used by the carrier.

Depending on the delivery method chosen, the dated delivery slip will simply be handed over by the carrier with the Order package(s) to the Customer at the delivery location (e.g., in the Customer's mailbox) or will be dated and signed by the Customer if he/she is present at the time of delivery of the Order.

In all cases, the delivery note given by the carrier will constitute proof of transport and delivery.

The transfer of the risks of loss and deterioration of the Products will be realized after delivery and reception of the Products by the Customer.

Upon receipt of the Sales Order, the Client shall check the content and condition of the Product(s). Consequently, upon receipt of the goods, PATISS teaches Portobello recommends that the Client checks the condition of the Products before signing for their receipt.

If he/she notices any anomalies, he/she must refuse the delivery of the Products or issue handwritten, precise and dated reservations. In the event that the carrier refuses to allow the Customer to do so, the Customer must mention the impossibility of noting the condition of the Products in writing by signing and dating the delivery slip, and then proceed to make all necessary reservations with the carrier. These reservations must be confirmed with the carrier by registered letter with acknowledgement of receipt within three (3) working days of delivery of the Products. A copy will be addressed to PATISS sign Portobello by email to the following address:www.portobello@portobello-decoration.com

The Customer will contact the carrier to obtain a refund of the price of the damaged Products. PATISS ensigns Portobello will not be able to compensate the Customer in place of the carrier but may offer compensation in accordance with Article 5.1 above.

The conformity of the Products (and the guarantee that is derived from it, if applicable) will be verified in accordance with Article 6 below.

5.4 Withdrawal of Products in case of absence of the Customer

If the recipient is absent at the time of delivery, the carrier will leave a delivery notice at the delivery address indicated by the Customer. The products must be collected at the address and in the manner indicated by the carrier. In the event of non withdrawal within the time allowed by the conveyor, the Products will be turned over to PATISS ensign Portobello, the expenses of port return remaining with the load of the Customer.

ARTICLE 6. GUARANTEES: CONFORMITY OF PRODUCTS AND HIDDEN DEFECTS

The Site of PATISS ensign Portobello informs the Customer of all the aesthetic and technical characteristics of the Products offered for sale, in accordance with the information communicated by the manufacturers of the Products to PATISS ensign Portobello.

Prior to each shipment of an Order, PATISS ensign Portobello shall check the Products to be delivered to the Customer to ensure that they are in conformity and fit for the Order actually placed by the Customer.

Without prejudice to any reservations the Client may have regarding the condition or quantity of the Products upon delivery of the Sales Order, the Client shall benefit from the legal warranty of conformity within the deadlines and under the conditions stipulated in Articles L211-1 et seq. of the French Consumer Code, provided that the Products are used normally for their intended purpose.

He also benefits from the guarantee of the hidden defects under the conditions and the periods envisaged in articles 1641 and following of the Civil code.

If the Customer notices a defect of conformity or a hidden defect of the Product he will have to inform immediately PATISS ensign Portobello by registered mail or by email to the contact addresses appearing in Preamble of the present Conditions.

The Customer then undertakes to return the Product at his own expense within seven (7) days following the notification of the non-conformity or the hidden defect by Colissimo with tracking, or by an appropriate carrier, accompanied by the Delivery Note, to PATISS enseigne Portobello, Service Client, 32 rue du roi de Sicile 75004, France in its original packaging and in full.

When the non-conformity or the hidden defect has been established by PATISS ensign Portobello, in accordance with Articles L211-9 and L211-10 of the Consumer Code and 1644 of the Civil Code, the Customer may choose the remedy he wishes to obtain from PATISS ensign Portobello (repair of the Product, replacement or refund of the price), unless this wish entails a cost that is clearly disproportionate to the value of the Product or the importance of the defect, and this at no extra cost to the Customer.

ARTICLE 7. RIGHT OF WITHDRAWAL

In accordance with article L120-20 and following of the French Consumer Code, the Customer has thirty (30) days from the date of receipt of the Sales Order to return the Products ordered without having to justify his or her decision or pay any penalties, with the exception of return shipping fees, if applicable.

Notwithstanding any stipulation to the contrary and in accordance with Article L120-20-2 of the French Consumer Code, the right of withdrawal will not be accepted for Products specifically made or personalized for the Customer.

These are made-to-order products that are considered highly personalized, as the customer can choose one or more of the following criteria; size, materials, colors, fabrics. These products are made specifically for the customer and cannot be returned.

For any return within the framework of the right of withdrawal, the procedure below must be fully respected:- The Customer will have to inform PATISS ensign Portobello beforehand by e-mail (portobello@portobello-decoration.com). - The Customer will have to join to his parcel the Return Form previously requested to PATISS ensign Portobello by e-mail.


- The Products must be returned in their original packaging, with their possible labels and accessories, in perfect condition for resale. They must not have been used or damaged.- The Products must be returned by colissimo or by carrier to the following addressPortobello Return Service 32 rue du roi de Sicile

75004 Paris France - All returns must be signed for, failing which the loss of Products during transport will not be taken into account.


- Return shipping costs are the exclusive responsibility of the Customer.If the above-mentioned conditions are met, PATISS ensign Portobello will reimburse the amount of the returned Products (including delivery costs) to the Customer in the same way as the Order was paid. In case of payment by credit card on the Site, the Customer's bank account will be credited with the said amount. In any case, the refund will be made within thirty (30) days from the receipt of the returned Products by Portobello.

In the event of failure to comply with the above conditions, PATISS ensign Portobello may refuse the Customer's return and not proceed with a refund. If the Customer requires in this case a reshipment of the ordered products, Petite Friture reserves the right to require the Customer to pay the amount of the reshipment costs of these goods. This amount corresponds to the amount indicated on the Customer's invoice.

ARTICLE 8 - PERSONAL DATA

In order to process the Sales Order, PATISS ensign Portobello collects certain personal data concerning the Client. 

PATISS enseigne Portobello has taken all necessary precautions to ensure the security of its files and the protection of its computer system, and to prevent in particular the Personal Information of Customers from being distorted, damaged or accessed by unauthorized third parties.

This data is intended for internal use for :- any action relating to the processing of the Customer's order - communicating and informing the Customer personally according to his preferences This data is also transmitted to third parties and partner companies of PATISS sign Portobello, in particular to - ensure the delivery of orders by its service providers and after-sales service - carry out surveys or satisfaction polls - communicate all statistics on the activity of the Site PATISS sign Portobello may transmit the Customer's Personal Information to third parties in the event of sale, transfer of assets, reorganization or liquidation.

In accordance with the law "Informatique et Liberté" of January 6, 1978 as currently in force, the Customer has a right of access, rectification, modification and deletion of data concerning him. The Site is declared to the Commission Nationale de l'Informatique et des Libertés - CNIL under the number 1542181 v 0.The Customer can exercise this right by sending a letter to the following address or by email, specifying his name, first name, email and postal address: Portobello Service Client 34 rue du Roi de Sicile 75004 Paris France email: portobello@portobello-decoration.com

ARTICLE 9: SUSPENSION OR TERMINATION OF THE CUSTOMER ACCOUNT

The Customer may at any time suspend or terminate his registration on the Site by sending a request to the Customer Service of PATISS sign Portobello.

ARTICLE 10: INTELLECTUAL PROPERTY

PATISS ensign Portobello is also the owner of the intellectual property rights on the Site and of the right to distribute the Products appearing on the catalog of the electronic store and in particular the photographs for which it obtained the necessary authorizations from the persons and authors concerned.

Consequently, the partial or total reproduction, on any medium whatsoever, of the elements making up the Site, the Portobello sign (Patiss company) or the catalog, their use as well as their provision to third parties are formally prohibited.

ARTICLE 11: EVIDENCE

The Customer is informed that the computerized registers, kept in the computer systems of PATISS sign Portobello in reasonable conditions of safety will be regarded as the proof of communication of the orders and payments occurred between the parts.

The information provided by the Website is authentic between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as evidence, whose evidential value is the same as that granted to an original signed on paper.

ARTICLE 12: FORCE MAJEURE

The performance of PATISS enseigne Portobello's obligations may be suspended in case of Force Majeure, as defined by the jurisprudence of the French Courts, which would hinder its execution.

PATISS ensign Portobello shall inform the Customer of the occurrence of a Force Majeure within 7 (seven) days of its occurrence. In the event that this suspension continues beyond a period of 30 (thirty) days, the Customer will have the option of cancelling the current Order affected by the Force Majeure, and the price of the Products ordered and the delivery charges paid will then be refunded.

ARTICLE 13: COMPLETENESS

The present General Conditions of Sale express the entirety of the obligations of PATISS ensign Portobello and the Customer. No other general or particular condition communicated by the Customer can be integrated or derogate from the present General Conditions.

ARTICLE 14: NON-WAIVER

The fact that PATISS ensigns Portobello does not avail itself of a breach by the Customer of any of its obligations may not be interpreted as a waiver of the obligation concerned and of the right to avail itself of this breach at a later date.

ARTICLE 15: INVALIDITY

If one or more of the provisions of these Terms and Conditions is held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other provisions shall retain all their force and scope.

ARTICLE 16: DISPUTES

The present General Conditions of Sale are subject to French law, both for the rules of substance and for the rules of form.

In the absence of an amicable agreement between PATISS enseigne Portobello and the Customer, the dispute will be brought before the competent courts.

Articles 8 to 10 (Personal data, Suspension/termination of customer account, Intellectual Property) of these General Terms and Conditions of Sale also apply as Terms of Use of the Site in the relationship of PATISS sign Portobello with any user of the Site who has not placed an Order.