1. Preamble
2. Our Commercial Policy
3. Storage Fees and Missed Delivery Charges
4. Product Images and Sizes
5. Product Prices and Payments
6. Delivery and Product Shipping
7. Customer Service
8. Product Exchange and Return
9. Refund Procedures for Defective or Damaged Products
10. Applicable Law – Competent Jurisdiction
11. Protection of Personal Data
12. Intellectual and Industrial Property Rights
1. Preamble
1.1 The Director of Publication for the website Franckgenser.com is Franck GENSER, manager of SARL Protagoras, which is itself the President of SAS Atelier Franck Genser, registered with the Paris RCS under number 878 138 270, owner of the site.
Company identification and contact details:
Trade name: SAS Atelier Franck Genser with a capital of 100,000 euros
Registered office: 63 bd Masséna Paris 13
RCS Paris: 878 138 270
SIRET: 878 138 270 00011
APE: 3109B (manufacture of other furniture and related furnishing industries)
VAT: FR67878138270
Manager: Franck GENSER
Email: [email protected]
Tel: +33 (0)1 45 84 94 73
[email protected]
The service provider hosting this site is OVH SAS, registered with the Roubaix Tourcoing RCS under number 424 761 419, with its registered office at 140 quai du Sartel in Roubaix (59100).
1.2 This document governs the General Terms and Conditions of Use and Sale of the Website that apply between Atelier Franck Genser and any individual wishing to use the Site (“the User”) or make a purchase on the Site (“the Customer” or “you”).
These terms apply as soon as the Site is used by a User. The User may at any time cease to use the Site but remains responsible for any prior use. The Customer acknowledges having read the General Terms and Conditions of Use and Sale and expressly declares to accept them without reservation or restriction when validating their order.
The General Terms and Conditions of Use and Sale, as well as the order form and order confirmation, constitute the sales contract between the Customer and Atelier Franck Genser relating to the sale of the ordered Products.
Any order placed on the Website requires that the Customer first accepts without reservation the General Terms and Conditions of Use and Sale in their entirety. In case of disagreement with the terms and conditions of the General Terms and Conditions of Use and Sale, the Customer must neither use nor place an Order on the Website.
Our products are compatible for residential use only. Please address any certification requests to our teams if the required use is commercial or for healthcare facilities.
Atelier Franck Genser reserves the right to adapt or modify these General Terms and Conditions of Use and Sale at any time and without notice, with the adaptations or modifications then applicable to all orders subsequent to these adaptations or modifications.
In case of modification, the General Terms and Conditions of Use and Sale applicable to the Customer’s order are those that were online, and which the Customer accepted on the day of placing their Order.
1.3 For any information regarding the execution of one or more Orders, or the processing of a complaint, the Customer should contact customer service.
Contact details below:
By phone: +33 (0)1 45 84 94 73 (free service + local call rate) Monday to Friday from 9am to 6pm
By mail to the following address: 63 Boulevard Massena, 75013 Paris
By email: [email protected]
2. Our Commercial Policy
Atelier Franck Genser sells products on franckgenser.com for both individuals and professionals.
Atelier Franck Genser reserves the right to not accept an order if it does not comply with Franck Genser’s general terms and conditions of sale.
How to place an order with Atelier Franck Genser?
2.1 You can order a product on our site by following the defined process. By ordering and paying for a product on our site, you accept our general terms and conditions of sale, if we accept your order.
2.2 All orders must be validated by Atelier Franck Genser. We will send you a confirmation email after receiving your order, followed by another email confirming that the sale can proceed. The contract between the customer and Atelier Franck Genser will only be drawn up when we send you an email. We will bill you for your chosen payment method after accepting your order. We will send you another email to confirm that your order has been shipped.
Your order cannot be sent before payment is received.
Unless otherwise stated, the prices shown on the site do not include:
shipping or transport costs to the agreed delivery location;
value added tax and any other tax or duty which, if applicable, must be added to the price to be paid. You agree to pay the taxes, shipping or transport of the Products as these costs are specified to you by email when you submit your order.
2.3 Before ordering on our site, it is entirely your responsibility to ensure and determine if you can receive the products you have ordered. This includes ensuring that the products you have ordered can fit into the room of your choice, as well as ensuring that the products can fit through your apartment door, room door, stairs, or other places that could compromise or make the delivery of the products impossible.
2.4 Storage fees and missed delivery charges: if the goods have not been collected within 60 days from the invoice date, storage fees of 1% per month will be added to the final balance.
Franck Genser will handle product shipments unless the customer specifies their shipping method. Any products returned to Atelier Franck Genser due to undue delay by the customer or failure to accept delivery will require the customer to pay all additional costs incurred by Atelier Franck Genser, including storage fees.
2.5 Before submitting your order form for the purchase of products, you will be asked to carefully read the General Terms and Conditions of Sale.
2.6 By submitting an order form to Atelier Franck Genser, you unconditionally accept and agree to comply with the provisions of these general terms and conditions of sale in your contract with Atelier Franck Genser, as well as the general terms of use and privacy policy. If you do not agree with certain provisions of the current general terms and conditions of sale and use or with the privacy policy, please do not send your order form for the purchase of the product on the franckgenser.com website.
2.7 You must keep the contact information we hold for you up to date so that we can contact you regarding your order or the delivery of the Products.
3. Product images and sizes
3.1 The images of products presented on our site are for illustrative purposes only. Although we pay close attention to accurately represent colors and materials, we cannot guarantee that your screen will display the same renderings or shades.
The products delivered to you may therefore vary slightly from the images.
Many wood and metal finishes are applied by hand and may vary in color, tone, and character. While Atelier Franck Genser will do its best to match a finish, no guarantee can be made for an exact match.
Atelier Franck Genser does not guarantee the finish against fading and oxidation. Variations in color and grain are inherent in stone and wood and are considered part of the natural beauty. Our furniture and lighting fixtures are handmade and therefore subject to slight variations.
Atelier Franck Genser does not guarantee against fading of dyed or natural fabrics.
3.2 The measurements indicated, including weights, dimensions, and capacities shown on our site, may vary slightly from what is indicated on the product sheet.
All Atelier Franck Genser drawings, descriptions, weights, dimensions, descriptions, and illustrations appearing in catalogs, on the website, or in our advertisements are intended to give a general description of the goods and do not form part of this agreement.
The furniture and lighting fixtures are handmade by artisans and are therefore subject to slight variations.
No dispute or refusal of goods will be accepted in relation to this matter.
4. Product prices and payments
4.1 The price of any Product will be that indicated on our site, except in the case of an obvious error. Our prices may be modified at any time without notice.
4.2 Payment of the product prices and corresponding shipping and delivery charges must be made by means of a debit card, credit card or transfer.
Atelier Franck Genser requires payment for any shipment above in advance. If the buyer fails to make payment in accordance with the terms of this contract or fails to comply with any of the provisions of this contract, Atelier Franck Genser may, at its discretion, cancel any unshipped portion of this order, retain the goods and declare the forfeiture of the deposit as liquidated damages.
5. Delivery of products
5.1 Shipping of products
As a service to our customers, we arrange for the shipping of orders via one of our preferred carriers specialized in the delivery of furniture and artwork.
Delivery charges are either:
Calculated at the time of departure based on the product and delivery address.
Calculated after order for special orders, delivery charges will then be proforma and included in the final balance of your order.
Delivery includes a doorstep delivery.
If the customer wishes to opt for a white glove delivery and installation service, this service can be offered at the time of order confirmation by Atelier Franck Genser.
If the customer chooses to manage their own freight and delivery, Atelier Franck Genser must be informed of the specific details of the movement. Charges for moving the product from Atelier Franck Genser to a terminal for “customer’s own” pickup will be added to the balance due.
The pickup location by the customer or the customer’s agent may trigger sales tax liability at that location.
Ownership of the product is transferred to the customer (owner) via the carrier who takes possession of the shipping order. Therefore, responsibility for damages occurring in transit is that of the owner and all claims for freight damages must be made within 48 hours of receipt.
If the customer chooses their own carrier, freight claims must be filed directly with the selected carrier. Atelier Franck Genser cannot be held responsible for customer or third-party freight damages and claims.
Product reception
Atelier Franck Genser recommends using a qualified receiving warehouse to receive, inspect, consolidate deliveries and facilitate home installation. Atelier Franck Genser will recommend a receiver for the client if necessary. All crated goods must go through a professional receiver such as a receiving warehouse.
A receiving warehouse acts as an agent for the customer and is responsible for noting any damage and assisting the owner in filing a freight claim when damage is identified.
A qualified person must be present to receive and accept products when they are delivered directly.
A signature on the owner’s delivery note (BL) upon receipt of the product confirms that the products have been received in good condition unless an exception is made on the BL. If the goods are refused upon delivery for quality or damage issues, the receiver must contact us immediately. Full inspection must take place within 48 hours of delivery and return freight requests within 72 hours.
Product inspection
Carefully inspect the cartons or crates. Take photos of any damage to the packaging, which is necessary to resolve damage claims.
Inspect the Franck Genser flocked tape. If it is not intact or is covered, you must presume that the package has been opened.
Note this on the BL.
Unpack the cartons or crates. Carefully inspect all goods.
Cartons and crates should always be unpacked in your presence.
NEVER throw away the original packaging until the delivery is satisfactory.
If you are unable to inspect the merchandise at the time of receipt of the shipment, note on the Bill of Lading (BL) that any hidden damage to packaged products will be the responsibility of the carrier or manufacturer as determined during product inspection. L’Atelier Franck Genser must be notified within 48 hours of any hidden damage. Keep a copy of the BL. Retain the packaging material and take photos of the damages.
All claims must be reported to L’Atelier Franck Genser’s customer service manager.
5.4 Product quality and declaration of damages in transit.
Products are inspected by L’Atelier Franck Genser before collection of goods and shipping, to ensure that the order is in good condition, complete and ready for shipping.
The carrier is responsible for a complete inspection of the products at the point of origin. Any damage must be noted on the BL. The signed BL is confirmation by the carrier that they have accepted responsibility for delivering the products in “the condition in which they were received.
If inspection of packaged products is limited to the exterior of the packaging, exceptions must be noted. Packages must be opened if the” condition of the boxes or crates appears compromised.
The assembly, installation, and maintenance of our items must be carried out by professionals.
6. Customer Service and product maintenance
Don’t hesitate to contact us at [email protected] or by phone at: +33 (0)1 45 84 94 73
7. Product exchange and returns
Cancellation, returns and exchanges
Our products are made to order and cannot be cancelled. Our products cannot be returned or exchanged unless they are damaged or defective.
Any order modification, return or cancellation requires prior written approval from L’Atelier Franck Genser.
7.2 Return
If you return a product due to an error on our part or because it is damaged or defective, we will reimburse you for the delivery costs incurred for the received product and we will pay the return shipping costs.
Defective products will be replaced within the normal production period required to reorganize and manufacture the same products.
7.3 Obligation in case of return
You must notify L’Atelier Franck Genser in case of error, damage or defect in the product. You must return the product in the same condition as you received it.
You have a legal obligation to take reasonable precautions with the product while it is in your possession. If you fail to comply with this obligation, we may have a right of action against you to obtain compensation.
7.4 Timeframe for returning a defective product.
If you receive a defective product, you must contact us within 15 days by email at [email protected] or by phone at +33 (0)1 45 84 94 73 to arrange the return.
7.5 Refund for defective product
L’Atelier Franck Genser will examine all products returned as damaged or defective, and will inform you of your refund by email within a reasonable time.
We usually process any refund due to you as soon as possible. Subject to acceptance by L’Atelier Franck Genser of damaged or defective products, products returned by you because they are damaged or defective will be fully refunded.
Lighting fixtures will not be accepted as a return if the product has been installed, modified or damaged in any way.
8. Refund procedures for defective or damaged products
8.1 If the recipient of the products indicated in the order form is different from the person who made the payment for these products, the amount paid for the returned items will be refunded by L’Atelier Franck Genser to the person who made the payment.
8.2 The value date of the credit must be the same as the value date of the initial debit and consequently, you do not lose any lost interest.
8.3 We will usually refund amounts received from you using the same method originally used to pay for the purchase, unless you expressly agree otherwise.
9. Force majeure
Atelier Franck Genser is entirely released from its delivery obligations in cases of force majeure or events such as general mobilization of reservists, wars, strikes, natural disasters, transport delays, lack of raw materials, accidents, or any other causes that may hinder the activity of our company or that of our suppliers.
It is forbidden to re-export our products from the country in which they were ordered. In case of non-compliance with this prohibition, we may cease all deliveries.
10. Applicable Law – Competent Jurisdiction
The General Terms of Use and Sale are subject to French law. Only the French version of these General Terms of Use and Sale is authentic.
In case of difficulty arising from the Order, the delivery of Products, and more generally the execution of the sale, the Customer will have the possibility, before any legal action, to seek an amicable solution, notably with the help of a consumer association or any other counsel of their choice.
Any dispute likely to result from the interpretation or execution of the General Terms of Use and Sale and its consequences will be brought before the competent courts.
11. Protection of Personal Data
11.1 In order to process orders, Atelier Franck Genser processes personal data concerning the Customer, identified as mandatory in the forms on the Website.
11.2 Atelier Franck Genser undertakes to respect the confidentiality of personal data communicated by Customers on the Website and to process them in compliance with the Data Protection Act of January 6, 1978, as amended and currently in force.
11.3 The Customer’s personal data is collected and processed by Atelier Franck Genser for the processing of Orders.
Depending on the choices made during the creation or consultation of their accounts on the Website, the Customer will choose whether they wish to receive commercial or promotional offers from Atelier Franck Genser by email. If a Customer no longer wishes to receive such offers, they may at any time request this by clicking on an electronic link available on emails and newsletters.
11.4 Atelier Franck Genser may be required to communicate this data for the purposes of processing and delivering orders by its service providers, or for after-sales service, and to conduct satisfaction surveys. In addition, Atelier Franck Genser may also communicate this data to respond to an injunction from judicial or administrative authorities.
11.5 The Customer can exercise their individual right of access to the file, their right of opposition, rectification or deletion for data concerning them by sending their request to Atelier Franck Genser (indicating email address, surname, first name, postal address), by email to [email protected].
11.6 The Website is designed to be particularly attentive to the needs of Customers. Cookies are thus used, the purpose of which is to signal the Customer’s passage on the Website for the constitution of their shopping cart.
Cookies are stored on the Customer’s hard drive for a maximum period of thirteen (13) months.
12. Intellectual and Industrial Property Rights
The Franckgenser.com site is subject to French and international copyright legislation. All reproduction and representation rights are reserved to Atelier Franck Genser, including iconographies, films, animations, and photographs.
All elements published within the Website, such as sounds, images, photographs, videos, writings, animations, programs, graphic charter, utilities, databases, software, and other underlying technology are protected by the provisions of the Intellectual Property Code and belong to Atelier Franck Genser.
