Terms and Conditions of Sale

ARTICLE 1 – Seller’s Identification

SAS THEMA company with a share capital of €5,000, registered in the Grasse Trade and Companies Register under number 933 446 031, operating from its establishment located at 1254, Route de la Valmasque, 06560 Valbonne, and trading under the brand and trade name EMMA STORE.
Store phone number: +33 4 15 54 00 64
Store email address: contact@emma-store-valbonne.fr

 

ARTICLE 2 – Scope of Application

These General Terms and Conditions of Sale (hereinafter referred to as “Terms and Conditions”) apply without restriction or reservation to all sales concluded by EMMA STORE (“the Seller”) with consumers and non-professional buyers (“the Clients” or “the Client”) wishing to purchase the products offered for sale by the Seller (“the Products”), including:

• Mattresses, toppers, beds, storage beds, pillows, and protectors from the Emma brand distributed by the Seller;
• Bed bases, bed linens, storage beds, headboards, lighting, bedside tables, decorative items, and rugs from other brands.

These Terms and Conditions govern purchases made immediately or by placing an order. They specifically detail the terms for immediate purchases, order placement, payment, and delivery of the ordered Products.

The availability of the Products is subject to stock levels.

These Terms and Conditions apply exclusively and exclude any other terms, including those applicable to online sales or other distribution and marketing channels.

These Terms and Conditions are systematically provided to any Client prior to any immediate purchase or order placement. They will prevail, where applicable, over any other version or contradictory document.

The Client declares having read and accepted these Terms and Conditions prior to their immediate purchase or order placement. As these Terms and Conditions may be subject to future changes, the version applicable to the Client’s purchase is the one in force at the date of the immediate purchase or order placement.

The validation of the order by the Client constitutes acceptance without restriction or reservation of these Terms and Conditions.

The Products are offered for sale exclusively within mainland France.

 

ARTICLE 3 – In-Store Purchases

Most products can be taken home on the same day once payment has been made.

However, depending on the availability of items in the store, some products may not be available for immediate takeaway. In such cases, items may be delivered to the Client’s home for an additional delivery fee.

Deferred in-store collection can also be arranged upon the Client’s request to store the products or due to stock shortages. The store can hold the sold products free of charge for one month upon the Client’s request. After this one-month period from the purchase date, storage costs will be charged to the Client following a formal notice to collect the goods. If the storage costs incurred by the store are excessive relative to the amount paid, the sale will be automatically canceled, and the Client will not be entitled to a refund.

Any in-store purchase requiring delivery or deferred collection will be accompanied by a numbered order receipt.

No full or partial cancellation of a definitive order will be accepted without the Seller’s written consent. The Client does not have a legal right of withdrawal for in-store purchases, as these do not constitute distance sales under the French Consumer Code.

Our mattresses comply with the NF EN 1334 standard, which establishes recommended measurement methods and tolerances for mattress dimensions. This ensures compatibility with other bedding elements adhering to the same standards, guaranteeing optimal quality and safety for our Clients.

 

ARTICLE 3 – Pricing

In accordance with Article L.111-1 of the French Consumer Code, the Seller provides in-store information regarding the essential characteristics and price of Products as accurately as possible.

All prices are inclusive of VAT (at the prevailing standard rate) and any applicable eco-participation fees. They exclude delivery fees and other optional costs, which are communicated before the final purchase and confirmed on the receipt, invoice, or order form where applicable.

The applicable prices are those displayed in the store and confirmed at the time of purchase. Any price changes after the purchase will not affect it.

The price also includes an eco-participation fee. This fee contributes to the funding of disposal and recycling processes managed by producers or distributors. Where applicable, the eco-participation fee is indicated in the Product details.

Delivery and installation service pricing charts are displayed at the store’s counter.

The Seller’s Products are intended exclusively for consumers and non-professionals for personal use. The Seller reserves the right to refuse immediate purchases or orders of large quantities of the same Product.

 

ARTICLE 4 – Payment Terms

For Products taken home on the same day, payment must be made in full at the time of the immediate purchase by the Client using one of the following methods:

1. Bank cards: CB, Visa, MasterCard.
2. Cash: Subject to a limit of €1,000 for Clients domiciled in France for tax purposes, or €15,000 for Clients domiciled abroad, in accordance with current regulations.
3. Bank cheques: In accordance with Article L131-15 of the French Monetary and Financial Code, proof of identity may be requested. The cheque must be issued by a bank domiciled in France or Monaco, duly completed and signed by the Client, and made payable to EMMA STORE VALBONNE.

Payments made by the Client will only be considered final after the amounts due have been successfully cashed by the Seller.

For Products requiring deferred collection or home delivery, a deposit equal to 50% of the total purchase price is required at the time of order placement.

The balance must be paid:

• On the day of in-store collection.
• On the day of home delivery.

Payment methods for deferred collection balances:

1. Bank cards: CB, Visa, MasterCard.
2. Cash: Up to €1,000 for Clients domiciled in France for tax purposes, or €15,000 for Clients domiciled abroad.
3. Bank cheques: As described above.

Payment methods for home delivery balances:

1. Cash: Subject to the limits described above.
2. Bank cheques: As described above.
3. Bank transfer.

Cheque payments are cashed immediately.

The Seller is under no obligation to deliver Products ordered by the Client if payment in full has not been received under the conditions specified above. Payments made by the Client will only be considered final once the Seller has successfully received the funds.

In the event of non-compliance with the payment terms outlined above, the Seller reserves the right to suspend or cancel ongoing deliveries or orders.

No additional fees higher than the Seller’s actual costs for processing a payment method will be charged to the Client.

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Payment in Instalments – ALMA

The Client may choose to pay in instalments. They will be redirected to Alma’s secure server, where they can review Alma’s Terms and Conditions before proceeding with payment. Alma is a simplified joint-stock company, headquartered at 176 Avenue Charles de Gaulle, Neuilly-sur-Seine (92200), registered in the Nanterre Trade and Companies Register under number 839 100 575. Alma is approved in France as a Payment Institution and Financing Company by the Autorité de Contrôle Prudentiel et de Résolution (ACPR).

3x or 4x Payment without Fees

• Available for purchases between €100 and €5,000 with Alma.
• The Client can pay in 3 or 4 instalments without fees using Visa or MasterCard.

If Alma refuses to grant credit, the order will be canceled unless the Client agrees to pay the full amount immediately. Termination of these Terms and Conditions will also terminate the agreement between Alma and the Client.

All payments are protected by 3D Secure. Alma provides an electronic certificate that serves as proof of the transaction amount and date.

12x Payment

• Payment is facilitated by a credit granted by Alma, registered under REGAFI no. 90876.
• This credit is subject to the Client’s prior agreement to Alma’s Terms and Conditions.

If Alma refuses the credit application, the order will be canceled unless the Client agrees to pay the full amount immediately.

For further details, the Client may contact Alma’s support team at support@getalma.eu.

 

ARTICLE 5 – Delivery of Products

The delivery of Products refers to the transfer of physical possession or control of the ordered Products to the Client.

In accordance with Article L.216-4 of the French Consumer Code, the delivery of Products includes the provision of user instructions, installation guidelines, and written notice of the ability to raise complaints and the applicable commercial warranty.

Products purchased immediately can be taken by the Client directly from the Seller’s store. Products ordered can also be delivered in-store or via home delivery.

Products ordered by the Client will be delivered within four weeks of the order’s shipment, in addition to processing and transit times, to the address provided by the Client at the time of purchase or order.

The Client acknowledges being informed of the costs of delivery and installation and the ability to raise complaints.

Delivery conditions:

• For deliveries within the 06 department (excluding mountainous areas and ski resorts):
  • Mattress delivery to a designated room: €59 (incl. VAT)
  • Delivery of bed bases, beds, and mattresses to a designated room: €99 (incl. VAT)
  • Installation and assembly of more than two items in one room: €69 (incl. VAT) per room
  • Delivery/installation beyond four floors: €10 (incl. VAT) per floor

If the Client opts for the delivery/installation service, the Client must ensure that the delivery route is unobstructed by personal belongings. The Client will be held responsible if the ordered goods cannot be delivered into their home due to narrow spaces or insufficient access. In such cases, the goods will be returned to the store, and the invoice will become immediately due. The Client will then handle the transportation and assembly of the furniture at their own expense.

The Seller can offer to collect old products (beds and/or mattresses) under the extended producer responsibility principle (REP), as reinforced by French law no. 2020-105 of 10 February 2020 (Anti-Waste for a Circular Economy Act).

Special requests:
For any specific requests regarding packaging or transport conditions for ordered Products, which have been duly accepted in writing by the Seller, the associated costs will be subject to an additional invoice based on a prior written estimate agreed upon by the Client.

Unless in special cases or the unavailability of certain Products, ordered items will be delivered in a single shipment.

The Seller commits to making every effort to deliver the Products ordered by the Client within the specified timeframes.

If the Products are not delivered within 15 days after the indicative delivery date, for reasons other than force majeure, the Client may:

1. Suspend payment of all or part of the price until the Seller fulfills their obligation, under Articles 1219 and 1220 of the French Civil Code (exceptio non adimpleti contractus).
2. Terminate the sale after granting the Seller a reasonable additional period, which remains unmet, to fulfill the delivery obligation.

The termination can be immediate if the Seller refuses to fulfill their obligation, if it is evident that they cannot deliver the Products, or if the missed delivery deadline was essential to the Client’s purchase.

In case of termination, the sums paid by the Client will be refunded within 14 days of the termination notice, without prejudice to potential damages and interest owed to the Client.

Deliveries are handled by an independent carrier to the address specified by the Client during the order or purchase, provided the location is easily accessible to the carrier.

The Client acknowledges that it is the carrier’s responsibility to perform the delivery, and they have no recourse against the Seller in the event of non-delivery of transported goods.

The Client is responsible for inspecting the condition of the delivered Products. Any complaints regarding apparent defects or damage must be submitted within 8 days of delivery via post or email (e.g., damaged or previously opened packages). Without these formalities, the Products will be deemed free of visible defects.

 

ARTICLE 6 – Transfer of Ownership and Risk

Ownership of the Products sold by the Seller transfers to the Client upon full payment of the price, regardless of the delivery date of the said Products.

Risk transfer occurs at the moment of delivery of the Products to the Client or their representative.

 

ARTICLE 7 – Seller’s Liability and Warranties

The Products offered for sale comply with French regulations and are suitable for non-professional use.

The Client benefits from:

1. Legal Warranty of Conformity (Article L.217-4 and following of the French Consumer Code).
2. Legal Warranty Against Hidden Defects (Articles 1641 to 1649 of the French Civil Code).

For mattresses, the Client must unpack them within four weeks of receipt to allow them to regain their final shape. Failing this, the Seller reserves the right not to issue a refund or replace the product if defects arise.

8-5. EMMA BRAND PRODUCTS PURCHASED IN A PHYSICAL STORE: Trial Night Guarantee

For EMMA brand products only, the Customer may benefit from the trial night guarantee.

100-Night Trial for Mattresses

This guarantee starts from the date of product delivery and lasts for 100 days. Therefore, the Customer has the right to cancel the contract within 100 days following the delivery of the products.

Right to an Exchange

It is the Customer’s responsibility to ensure that the item is returned in its original condition, without damage. If necessary, the Seller will provide the carrier with the appropriate equipment for transporting the item(s) upon collection (plastic wrap or transport cover).

A pickup team will be sent to collect the mattress for return.

Return Conditions:

• For mattress returns within the 06 department: a fee of €69 will be charged.
• If a transport cover is required, an additional fee of €22 (incl. VAT) applies.

 

ARTICLE 9 – Intellectual Property

The Seller retains ownership of all intellectual property rights related to photographs, presentations, studies, drawings, models, prototypes, etc., created for the provision of Products to the Client.
The Client is prohibited from reproducing or exploiting such materials without prior written consent from the Seller, which may include financial compensation.

 

ARTICLE 10 – Unforeseen Circumstances

These Terms and Conditions explicitly exclude the application of the legal regime of unforeseen circumstances provided for under Article 1195 of the French Civil Code. Both the Seller and the Client waive their right to invoke this provision and agree to fulfill their obligations even if unforeseen events disrupt the contractual balance.

 

ARTICLE 11 – Inquiries, Contact, and Complaints

For any inquiries, information, or complaints, the Client may contact the Seller:

• In-store with sales representatives.
• By registered mail with acknowledgment of receipt at:
  EMMA STORE
  1254 Route de la Valmasque, 06560 Valbonne
• By email: contact@emma-store-valbonne.fr
• By phone: +33 4 15 54 00 64

 

ARTICLE 12 – Personal Data

In the context of its contractual relationship with the Client, the Seller, as the data controller, may collect and process personal data (“Personal Data”).

Purposes of Personal Data Processing:

• Managing transactions (sales or orders).
• Shipping purchased goods.
• Delivering purchased goods.
• Fraud prevention and transaction analysis.
• Invoicing and payment tracking.

Additional purposes will be communicated to the Client if necessary, with consent obtained when required.

Types of Personal Data Collected:
The Seller may collect the Client’s:

• Contact details (name, address, email, phone).
• Identity documents.
• Purchase history.

Data Transmission:
The Seller may share the Client’s Personal Data with subcontractors, partners, or authorities, including those located outside the EU, for the stated purposes.

Retention Period:

• Data necessary for legal or contractual obligations will be retained as required.
• Data related to commercial offers will be retained for three years after the end of the commercial relationship.

Security:
The Seller implements technical and organizational measures to ensure the security of Personal Data.

Client Rights:
The Client has the right to:

• Access their data.
• Rectify inaccurate or outdated data.
• Object to data processing for legitimate reasons.

For further details, refer to CNIL Rights.

Requests can be sent to the contact details listed in Article 11, accompanied by a signed letter and proof of identity.

 

ARTICLE 13 – Applicable Law and Dispute Resolution

These Terms and Conditions and the contractual relationship between the Seller and the Client are governed by French law.

If any provision is rendered invalid by legislative changes or court rulings, the remaining provisions will remain enforceable.

In case of disputes, the Client is encouraged to first contact the Seller via the methods outlined in Article 11.

The Client may also use:

• Mediation services such as Médiation de la Consommation FCD, accessible at:
  12 Rue Euler, 75008 Paris
  https://mediateur.fcd.fr

For online dispute resolution, visit the European Commission’s platform at:
https://ec.europa.eu/consumers/odr.

 

ARTICLE 14 – Pre-contractual Information

The Client acknowledges that they have been informed by the Seller, in a clear and comprehensible manner, of the following before any immediate purchase or order:

• Essential characteristics of the Products, including specifications and usage conditions.
• Product prices.
• Payment, delivery, and performance terms.
• Legal and commercial guarantees.

By completing a purchase, the Client fully accepts these Terms and Conditions and acknowledges their payment obligations.