THE BEST IN CONTEMPORARY DESIGN DELIVERED DIRECT TO YOUR DOOR

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PREAMBLE

 

The Website www.chiaracolombini.com is published by the Chiara Colombini Boutique, operated by SARL Chiara Colombini, with share capital of EUR 10,000, registered with the Versailles Trade and Companies Register under number 797 711 744, whose registered office is located at 18 rue au Bouët, 78490 Les Mesnuls, France.

 

Any Order placed on the Website or on the basis of a quotation implies prior acceptance of these Terms and Conditions of Sale. The Terms and Conditions of Sale applicable are those accepted by the Customer on the date of the Order. Any subsequent amendment applies only to subsequent Orders.

 

PART I - GENERAL PROVISIONS APPLICABLE TO ALL CUSTOMERS

 

Article 1 - Definitions

 

For the purposes of these Terms and Conditions of Sale, capitalised terms have the following meanings:

 

Chiara Colombini Boutique or Boutique: means SARL Chiara Colombini, publisher of the Website and seller of the Products.

Customer: means any natural or legal person placing an Order with the Chiara Colombini Boutique, on the Website or on the basis of a quotation.

Consumer Customer: means a Customer who is a natural person acting for purposes outside their trade, business, craft, professional or agricultural activity.

Professional Customer: means a Customer acting for purposes within their trade, business, craft, professional or agricultural activity.

Order: means any order for a Product placed on the Website, on the basis of a quotation, purchase order or pro forma invoice.

Terms and Conditions of Sale: means these general and special terms and conditions of sale, together with their appendices where applicable.

Supplier: means any manufacturer, publisher, artisan, workshop or partner involved in the manufacture, preparation or shipment of a Product.

Incoterm: means the Incoterms® 2020 rules, where expressly agreed between the Parties.

Parties: means the Chiara Colombini Boutique and the Customer together.

Product: means any furniture, lighting, object, accessory, textile or other item offered for sale by the Chiara Colombini Boutique.

Customer Service: means the service in charge of following up Orders, complaints, returns and after-sales requests, which can be contacted using the details provided on the Website.

Website: means the website www.chiaracolombini.com.

Freight Forwarder: means any freight forwarder, transport agent, warehouse, logistics provider, agent or intermediary to which the Customer asks for the Products to be delivered or handed over.

Carrier: means any service provider responsible for transporting or delivering the Products.

Delivery Zone: means the country or countries, territories, regions or delivery methods offered by the Boutique on the Website at the time of the Order or expressly accepted on the basis of a quotation.

 

Article 2 - Scope and contractual documents

 

These Terms and Conditions of Sale apply to Orders placed on the Website and to Orders concluded on the basis of a quotation, purchase order or pro forma invoice.

 

The contract consists, in order of priority, of the special terms expressly accepted, the quotation or purchase order, the Order confirmation and these Terms and Conditions of Sale. For Professional Customers, the provisions of Part III supplement these general provisions. In the event of any contradiction, the special terms accepted in writing shall prevail.

 

The Boutique operates the Website from France and may accept Orders from Customers located in France or abroad, in the Delivery Zones offered on the Website at the time of the Order or expressly accepted on the basis of a quotation.

 

These Terms and Conditions of Sale are drawn up with reference to French law, subject to the mandatory rules applicable to the Order according to the Customer's habitual country of residence, the country of delivery, the country in which the Product is used and the Customer's status.

 

Acceptance of an international Order does not constitute the contractual grant of rights provided for by French law or by European Union law where such rights are not imposed by the law applicable to the Order.

 

Article 3 - Products and characteristics

 

The Products are described as accurately as possible using the information, photographs, dimensions and characteristics appearing on their product page. The Customer must check this information before placing an Order and ensure that the Product meets their needs.

 

The photographs are as faithful as possible, but screen settings and shooting conditions may result in slight differences in colour or appearance.

 

Products made by hand or from natural materials may show variations in shade, veining, texture, patina, dimensions, thickness, regularity or finish. Where such variations are inherent in the material or artisanal process, remain within reasonable tolerances and do not affect the essential characteristics or agreed use, they do not constitute a defect.

 

Unless otherwise stated, lighting products are designed for a 220-240 volt power supply and for use in accordance with the standards applicable in France and the European Union. The Customer must check their compatibility with the installation and the regulations of the country of use. Installation must comply with the manufacturer's instructions and, where necessary, be carried out by a qualified professional.

 

Article 4 - Availability, stock and manufacture

 

Products are offered subject to availability. Some Products may be manufactured, assembled, finished or ordered from a Supplier after the Order, according to the information appearing on the product page available on the Website, the quotation or the Order confirmation.

 

In the event of discontinuation of production or unavailability of a Product, material or component, the Chiara Colombini Boutique shall inform the Customer as soon as possible and, where possible, provide a new timeframe or a proposal for an equivalent Product. The Customer may refuse the proposed solution and obtain reimbursement of the sums paid for the unavailable Product.

 

Article 5 - Prices and taxes

 

The prices displayed on the Website are stated in euros including all taxes, unless otherwise indicated. Preparation, delivery, assembly or additional service fees are indicated before the Order is validated or are the subject of a quotation.

Prices may be changed at any time, but the applicable price is the price accepted when the Order is placed. In the event of a manifest error making the price derisory in view of the actual value of the Product, the Chiara Colombini Boutique may refuse the Order after informing the Customer and reimbursing any sums collected.

 

Article 6 - Quotations, orders and formation of the contract

 

Unless otherwise stated, quotations are valid for one month from their date of issue. After this period, prices, availability, timeframes and delivery costs may be revised.

 

Before validating an online Order, the Customer may check its content and total price and correct any errors.

 

The Order confirmation is sent to the Client by email and states the date and time at which the Terms of Sale were accepted. The applicable version is the version published on the Site at the time the Order was validated.

 

The Chiara Colombini Boutique may refuse an Order for a legitimate reason, including in the event of a previous unpaid amount, payment failure, suspected fraud, abnormal Order, bad faith, manifest delivery difficulty, Product unavailability or impossibility of supply. Any sums collected for a refused Order shall be reimbursed, subject to any legally permissible set-off.

 

Article 7 - Payment and retention of title

 

Unless special terms are accepted in writing, the price of the Products and ancillary costs are payable in full when the Order is placed. The sums paid are credited against the price and, unless otherwise stated, constitute a down payment binding on the Customer, subject to the mandatory rights applicable to the Consumer Customer.

 

In the event of payment by bank transfer, the Order shall not be put into production or prepared until the funds have actually been received. A transfer order or proof issued by the Customer does not constitute receipt of payment; proof from the bank that the amount has actually been debited may be requested.

 

The Products remain the property of the Chiara Colombini Boutique until all sums due have been fully and definitively paid.

 

Article 8 - Manufacturing and delivery times

 

The applicable date or timeframe is indicated before the Order and then repeated in the Order confirmation or, where applicable, in the invoice. For customised Products, the timeframe runs from full payment and final validation of all technical choices, plans, dimensions, materials, colours and finishes.

 

The stated timeframes take into account the information available on the date of the Order. They are indicative, unless a binding date is expressly accepted by the Boutique or a mandatory provision applies. In the event of delay, the Customer's remedies are those provided by the applicable law.

 

Manufacturing and delivery times may be affected by workshop closure periods, including summer periods, annual leave, public holidays, exceptional closures of manufacturers or Suppliers, and periods of high activity.

 

Any change or late validation attributable to the Customer shall postpone the timeframe accordingly.

 

Where an Order includes several Products available on different dates, it shall, unless otherwise agreed, be shipped in a single shipment based on the timeframe of the Product available latest. Split delivery requested by the Customer may result in additional costs accepted in advance.

 

Article 9 - Delivery methods and access to the delivery location

 

The Customer must provide a complete and accurate address, telephone number, email address and all access information. Costs of return, storage, re-presentation or reshipment resulting from incorrect or incomplete information shall be borne by the Customer.

 

After validation of the Order, any request to change the address must be sent to Customer Service without delay. The Chiara Colombini Boutique shall use its best efforts to forward this request to the Supplier, preparer, Carrier or any other party concerned, but does not guarantee that it will be taken into account, in particular where the Product is already in manufacture, preparation, transit or in the care of a Carrier. Costs, delays, delivery errors, returns, storage or reshipments resulting from a late, incomplete or impossible-to-process request may be charged to the Customer, subject to the mandatory rights applicable to the Consumer Customer.

 

Before placing the Order, the Customer must check that the dimensions of the Product and its packaging are compatible with doors, corridors, staircases, lifts, landings, load capacities and parking possibilities. Costs resulting from insufficient or undisclosed access may be charged to the Customer.

 

Unless otherwise stated, delivery does not include assembly, installation, hanging, fixing or removal of packaging. Some Products may require assembly by the Customer.

 

In the event of absence, unjustified refusal or failure to collect, the costs actually incurred for return, storage, re-presentation and reshipment may be charged to the Customer. Refusal or failure to collect does not, in itself, constitute valid exercise of any right of withdrawal.

Where, after an unsuccessful delivery attempt, the Carrier's tracking indicates that the Order is available at a pick-up point, post office, parcel relay point, depot or equivalent location, the Customer must collect it within the stated time limits. Failing this, the costs of return, storage, new shipment or new delivery actually incurred may be charged to the Customer, subject to mandatory applicable rights.

 

The Boutique delivers to the countries, zones and delivery methods offered on the Website at the time of the Order or accepted on the basis of a quotation. These zones and methods may vary depending on the Product, destination, Carrier, volume, weight, access constraints or customs formalities.

 

Where the country, zone or delivery method is not automatically offered on the Website, any delivery must be approved in advance by the Boutique and may be the subject of a specific quotation. The Boutique may refuse a delivery where the destination, nature of the Product, transport constraints, customs formalities, applicable local rules or associated costs make shipment impossible, risky or disproportionate.

 

Article 10 - Freight Forwarder, export, Incoterms and VAT

 

Where the Customer requests delivery to a Freight Forwarder, transport agent, warehouse or other intermediary, the Customer must inform the Chiara Colombini Boutique of the final destination and provide all information required for invoicing and export formalities.

 

For Consumer Customers, risk transfers when they take physical possession of the Product, unless the Carrier has been chosen by them outside the methods offered by the Chiara Colombini Boutique. For Professional Customers, the transfer of risk is determined by Article 24 and, where applicable, by the agreed Incoterm.

 

Where an Incoterm is indicated on the quotation, pro forma invoice or confirmation, it determines the allocation of obligations, costs and risks.

 

The Customer undertakes to provide, within thirty days following the effective exit from the customs territory of the European Union, any acceptable proof of such exit. Failing this, or if the proof is insufficient, the Chiara Colombini Boutique may charge the French VAT that has become payable, as well as any directly incurred costs, interest or penalties. A guarantee corresponding to the amount of VAT that may become due may be requested before shipment and then released after receipt of compliant supporting documents.

 

Customs duties, import taxes and formalities due in the country of destination are borne by the Customer, unless otherwise stipulated under the Incoterm or special terms.

 

Article 11 - Receipt and transport damage

 

Upon receipt, the Customer must check the number of packages, the condition of the packaging and, where possible, the condition of the Products. Any apparent anomaly must be the subject of precise and detailed reservations on the Carrier's delivery note; the wording "subject to unpacking" is insufficient.

 

In the event of damage, the Customer is invited to contact Customer Service within forty-eight hours at customercare@chiaracolombini.com, with photographs of the Product, the outer packaging, the inner protection and the transport label. These steps facilitate processing of the case and recourse against the Carrier, without limiting any statutory warranties that may apply. Without reservations or sufficient evidence, recourse against the Carrier or insurer may be compromised.

 

Article 12 - Use, installation and liability

 

The Customer must read the information and instructions provided and use the Product in accordance with its intended purpose.

The Chiara Colombini Boutique is not liable for damage attributable to non-compliant installation, modification of the Product, abnormal use or failure to follow the instructions, without prejudice to its statutory liability for any defect in the Product.

 

Article 13 - Data, intellectual property, evidence and archiving

 

Personal data is processed in accordance with the Privacy Policy available on the Website.

The texts, photographs, drawings, designs, graphics, logos and trademarks accessible on the Website are protected by the intellectual property rights of the Chiara Colombini Boutique or of their holders. Any unauthorised reproduction or use is prohibited.

 

Acceptance of the Terms and Conditions of Sale may result from validation of the Order on the Website, acceptance of a quotation or any equivalent written document. Unless proven otherwise, Order confirmations, emails, validation records, login logs, payment records and data kept by the Boutique under reasonable security conditions may establish exchanges, Orders, acceptances and payments.

 

Article 14 - Force majeure and severability

 

Neither Party shall be liable for a breach resulting from an event meeting the conditions of force majeure within the meaning of Article 1218 of the French Civil Code. The prevented Party shall inform the other as soon as possible. Performance shall be suspended for the duration of the impediment and either Party may terminate the Order if the definitive or prolonged impediment justifies termination under the law.

 

If any provision is declared null, void or unenforceable, the other provisions shall remain applicable. Failure to rely on a right on one occasion shall not constitute a waiver of the right to rely on it subsequently.

 

Article 15 - Applicable law, international sales and jurisdiction

 

These Terms and Conditions of Sale are drawn up under French law and the contractual relationships are governed by French law, subject to the mandatory rules applicable under private international law and consumer protection legislation.

For international sales to Consumer Customers, the choice of French law does not deprive the Customer of the protection afforded by any mandatory provisions applicable in their habitual country of residence or country of delivery, where such provisions cannot be contractually excluded.

 

The choice of or reference to French law does not have the effect of granting the Customer a right provided for by French law or by European Union law where that right is not imposed by the law applicable to the Order.

 

Consumer Customers may bring proceedings before the competent courts in accordance with the mandatory rules applicable to them. For any dispute between professionals relating to the validity, interpretation or performance of the contract, express jurisdiction is conferred on the courts within the jurisdiction of the registered office of the Chiara Colombini Boutique, including in the event of multiple defendants or third-party proceedings.

 

PART II - SPECIAL TERMS APPLICABLE TO CONSUMERS

 

Article 16 - Returns, return costs and right of withdrawal

 

No return is accepted outside the following cases: valid exercise of a statutory right of withdrawal where applicable to the Order, express written agreement of the Chiara Colombini Boutique on a commercial basis, or return made for the purpose of bringing a Product recognised as non-compliant into conformity under the conditions of Article 18.

 

The Customer is invited to contact Customer Service before any return in order to obtain instructions suited to the nature of the Product, its packaging, its destination and the selected Carrier. This prior request facilitates processing of the return, without depriving the Consumer Customer of the exercise of a statutory right of withdrawal where it is applicable and duly exercised.

 

Unless a mandatory provision provides otherwise, or unless there is express written agreement of the Chiara Colombini Boutique or a return made for the purpose of bringing a Product recognised as non-compliant into conformity, the direct cost of returning the Product shall be borne by the Customer, whatever the Product concerned, its initial delivery method or its country of delivery.

 

By validating the Order, the Customer acknowledges that they were informed, before conclusion of the contract, that the direct return costs are borne by them under the conditions set out in this article.

 

For bulky, fragile, heavy, high-value Products or Products that cannot normally be returned by post, the direct return costs may include, in particular, specialist transport, collection, suitable packaging or protective materials, transport insurance, handling and delivery by appointment. Their amount depends in particular on the Product, its condition, its packaging, the place of collection, the country of return, the Carrier selected and the applicable formalities. They are determined at the time of the return according to the actual conditions of the Carrier or service provider selected.

 

In the event of a return from or to a country subject to customs formalities, the Customer shall also bear the customs duties, import or re-import taxes, customs clearance fees, brokerage fees, administrative fees, file fees, penalties or customs regularisation costs linked to the return of the Product, unless a mandatory provision provides otherwise or the return is made for the purpose of bringing a Product recognised as non-compliant into conformity.

 

Where these costs are advanced, invoiced or claimed from the Chiara Colombini Boutique because of the return, they may be re-invoiced to the Customer or deducted from the sums to be reimbursed, to the extent permitted by the applicable law.

 

Where a statutory right of withdrawal applies to the Order under the applicable law, the Consumer Customer has the time limit and conditions provided by that law. Where French law or equivalent European Union legislation applies, this period is fourteen calendar days from the day after physical receipt of the Product, or of the last Product in the case of staggered delivery, to notify their decision to withdraw by means of an unambiguous statement (standard form in the appendix).

 

The Product must be returned complete, with its accessories and instructions, properly protected and in its original packaging or in packaging suited to its nature, fragility and value. The Customer may be liable in the event of depreciation resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product.

 

The Chiara Colombini Boutique reimburses the sums due under the conditions provided by the applicable law. Where French law or equivalent European Union legislation applies, the reimbursement includes the standard delivery costs initially charged, excluding any additional costs resulting from the choice of a more expensive delivery method than the standard delivery method offered. Reimbursement may be deferred until the Product has been recovered or proof of shipment has been received, where permitted by the applicable law.

 

The provisions relating to the right of withdrawal do not constitute an independent contractual right where the law applicable to the Order does not provide for such a right or where a statutory exclusion applies.

 

Article 17 - Products made to order

 

Some Products are manufactured, ordered, assembled, finished or specifically procured after validation of the Customer's Order, without being held in stock by the Boutique. Where a Product is described as "made to order", "on order", "customised", "made to measure" or "bespoke" on its product page, quotation, Order confirmation or invoice, the Order is firm and final.

 

These Products are not taken back, exchanged or reimbursed, unless expressly agreed in writing by the Chiara Colombini Boutique or unless statutory warranties or a mandatory provision apply.

 

This rule applies in particular to Products manufactured, adapted or modified on the basis of a Customer choice relating to dimensions, materials, finishes, colours, combinations, technical or aesthetic options, stem height, cable length, composition or any other specification validated when placing the Order.

 

Where the applicable law grants the Consumer Customer a right of withdrawal that cannot be waived, the exclusions provided for in this article apply to the extent permitted by that law. They do not prevent the application of statutory warranties in the event of a non-compliant or defective Product.

 

Article 18 - Statutory warranties

 

For Orders subject to French law, the Consumer Customer benefits from the statutory guarantee of conformity provided for in Articles L.217-3 et seq. of the French Consumer Code and the warranty against hidden defects provided for in Articles 1641 et seq. of the French Civil Code. For Orders subject to another mandatory legislation, the Customer benefits from the warranties provided by that legislation.

 

In the event of a non-compliant or defective Product, the Customer must contact Customer Service as soon as possible, attaching the information needed to examine the request, including photographs of the Product, its packaging and, where applicable, the transport label.

 

Where the non-conformity is established and the law so provides, the Product shall be brought into conformity at no cost to the Customer. The Customer shall make the Product concerned available to the Chiara Colombini Boutique so that it can be inspected and, where applicable, repaired or replaced by the Supplier. The necessary return, collection, recovery or reshipment costs shall then be borne by the Chiara Colombini Boutique, under the conditions provided by the applicable legislation.

 

The Chiara Colombini Boutique shall inform the Customer of the practical arrangements for return, making available, repair or replacement suited to the nature of the Product. These provisions do not limit the rights enjoyed by the Customer under the applicable statutory warranties.

 

Article 19 - Complaints and mediation

 

Any complaint must first be sent to Customer Service. If the amicable complaint fails, the Consumer Customer may refer the matter free of charge to the consumer mediator whose up-to-date contact details appear on the Legal Notice page of the Website. This option does not deprive the Customer of their right to bring proceedings before the competent courts.

 

PART III - SPECIAL TERMS APPLICABLE TO PROFESSIONAL CUSTOMERS

 

Article 20 - Status as professional and authority to bind

 

A Professional Customer is any Customer acting for purposes within their trade, business, craft, professional or agricultural activity. The person placing the Order on their behalf warrants that they have the necessary authority. Protective rules specific to Consumer Customers, including the statutory right of withdrawal, do not apply, unless a mandatory provision provides otherwise.

 

Article 21 - Quotations, discounts and changes

 

Professional discounts are personal, confidential and determined according to the project, quantities, brands and supplier conditions. They are neither automatic nor cumulative, unless otherwise agreed in writing.

Any change after acceptance of the quotation may be subject to an additional quotation and may result in a revision of the price and timeframes.

 

Article 22 - Professional payment

 

Unless otherwise agreed in writing, payment in full is due when the Order is placed. Any late payment shall automatically and without reminder give rise to the penalties provided for in Article L.441-10 of the French Commercial Code and to the statutory fixed indemnity for recovery costs, without prejudice to additional compensation if the costs incurred are higher.

The Chiara Colombini Boutique may suspend manufacture, shipment or any new Order for as long as any payable amount remains unpaid.

 

Article 23 - Professional timeframes

 

Unless an express commitment has been made to a binding date, timeframes communicated to the Professional Customer are estimates. A delay shall not justify any penalty, withholding, cancellation or damages without prior formal notice and expiry of a reasonable additional period, except in the event of gross negligence, wilful misconduct or a mandatory provision to the contrary.

 

Article 24 - Delivery, transfer of risk and professional returns

 

For Professional Customers, delivery, transfer of risk and allocation of costs are determined by the Incoterm expressly indicated in the quotation, pro forma invoice, Order confirmation or any other written agreement, and by the agreed place of delivery.

 

In the absence of an Incoterm or special term to the contrary, delivery is deemed to take place when the Products are handed over or made available to the Professional Customer, their representative, agent, Freight Forwarder, Carrier, logistics provider or any other recipient designated by them, at the agreed place of delivery. Transfer of risk occurs on the same date.

 

Transport, insurance, loading, unloading, handling, customs, import, tax and, more generally, costs linked to the shipment of the Products are allocated in accordance with the agreed Incoterm or the accepted special terms. In the absence of any clarification, costs not expressly included in the price, quotation or Order confirmation remain payable by the Professional Customer.

 

The Professional Customer must carry out, or cause any recipient, Carrier, Freight Forwarder, logistics provider or agent designated by them to carry out, the necessary checks, reservations and recourses with the Carrier. Reservations must be precise, detailed and made within the applicable time limits. Failing this, the Professional Customer bears the consequences of the absence, insufficiency or lateness of reservations, without prejudice to the obligations expressly assumed by the Chiara Colombini Boutique.

 

Professional Customers have no contractual right of withdrawal, cancellation, exchange or return. Any return accepted on a commercial basis must be subject to prior written agreement by the Chiara Colombini Boutique and may be conditional upon the Professional Customer bearing all costs linked to the return, including transport, collection, packaging, insurance, handling, inspection, restocking, restoration, depreciation and, where applicable, customs, re-importation or customs regularisation costs.

 

Article 25 - Professional liability

 

Subject to mandatory provisions and except in the event of gross negligence or wilful misconduct, the Chiara Colombini Boutique is liable only for direct, foreseeable and proven damage. Loss of turnover, margin, operating profit, clientele, data, opportunity or image, as well as indirect costs linked to a project, are excluded. Its total liability is limited to the amount excluding tax of the Order giving rise to the damage.

 

APPENDIX - STANDARD WITHDRAWAL FORM

 

To be completed and returned only if you wish to withdraw from an Order eligible for the right of withdrawal under the applicable law. This form does not constitute the contractual grant of a right of withdrawal where the applicable law does not provide for it or where a statutory exclusion applies.

To the Chiara Colombini Boutique (SARL Chiara Colombini) - 18 rue au Bouët, 78490 Les Mesnuls, France - customercare@chiaracolombini.com

I hereby notify you of my withdrawal from the contract for the sale of the following Product(s):

Ordered on: ____________________    Received on: ____________________

Order number: ______________________________________________

Name of consumer(s): _____________________________________

Address of consumer(s): _________________________________

Date: ____________________    Signature (only if this form is sent on paper): ____________________

 

Updated and published online on 1 October 2026