Terms and conditions of sale

These terms apply to sales concluded between Instead and any professional buyer (B2B).

Article 1 · Purpose and scope

These Terms and Conditions of Sale (the T&Cs) govern the contractual relations between the company Instead (hereinafter 'the Seller') and any professional buyer (hereinafter 'the Customer') in connection with the sale of professional furniture and accessories.

Any order placed with the Seller implies unreserved acceptance of these T&Cs, which prevail over any other document of the Customer, unless otherwise agreed in writing.

Article 2 · Products

The products offered for sale are those shown on the Site or on the quotes sent to the Customer. Their characteristics (dimensions, colours, materials) are given for information only and may be subject to variations inherent in the artisanal nature of the manufacturing.

The Seller reserves the right to modify the characteristics of its products without notice.

Article 3 · Orders

Any order becomes firm and final once a quote has been accepted in writing by the Customer (signature or approval by email) and the deposit provided for in Article 5 has been paid.

The Seller reserves the right to refuse any order on legitimate grounds, in particular in the event of unavailability, supply difficulties, or a previous dispute with the Customer.

Article 4 · Prices

Prices are given in euros, excluding tax. The VAT in force on the invoicing date applies.

Prices are exclusive of delivery costs, which are billed in addition according to the chosen transport method (by default: Geodis Messagerie Plus France, departing from Loire-Atlantique).

The Seller reserves the right to change its prices at any time, it being understood that the price shown on the quote accepted by the Customer shall be the one applicable.

Article 5 · Payment terms

Unless otherwise agreed, the payment terms are as follows:

• Order below €10,000 excl. VAT : payment in full on ordering.
• Order of €10,000 excl. VAT or more : 50% deposit on ordering, balance due on delivery.

Accepted payment method: bank transfer.

In the event of late payment, late-payment penalties are automatically due, calculated at a rate of three times the legal interest rate, together with a fixed recovery-cost indemnity of €40 (article L441-10 of the French Commercial Code).

Article 6 · Manufacturing and delivery times

Manufacturing and delivery times are given for guidance on the quote. Given the artisanal and bespoke nature of the manufacturing, these times may vary.

No delivery delay may give rise to penalties or cancellation of the order, unless otherwise agreed in writing beforehand by the Seller.

Article 7 · Delivery

Products are delivered to the address indicated by the Customer when ordering. The default delivery method is Geodis Messagerie Plus France (reference M115, single shipment, automatic direct debit).

The Customer must check the condition of the products on delivery and submit any written reservations to the carrier in the event of apparent damage, within the legal time limits (3 days from receipt, article L133-3 of the French Commercial Code).

Article 8 · Transfer of ownership and risk

Ownership of the products is transferred from payment of the price in full by the Customer (retention-of-title clause in accordance with the law of 12 May 1980).

Risk is transferred as soon as the products are handed over to the carrier.

Article 9 · Warranty

Instead products benefit from:

• the statutory warranty of conformity (articles L217-3 et seq. of the French Consumer Code), applicable even in B2B relations under case law for substantial conformity defects;
• the warranty against hidden defects (articles 1641 et seq. of the French Civil Code);
• a commercial Instead warranty of 3 ans on manufacturing defects, from delivery.

The warranty does not cover damage resulting from improper use, normal wear and tear, or unauthorised intervention.

Article 10 · Claims

Any claim relating to conformity or an apparent defect must be sent in writing (email to contact@insteadmobilier.fr) within 8 jours from delivery.

Article 11 · Right of withdrawal

In accordance with the French Consumer Code, the right of withdrawal does not apply to sales between professionals.

Article 12 · Force majeure

Neither party may be held liable for a failure to meet its obligations in the event of force majeure within the meaning of article 1218 of the French Civil Code.

Article 13 · Intellectual property

All designs, models, trademarks and know-how of Instead, including the Balt® trademark, remain the exclusive property of Instead. No reproduction or use, even partial, is permitted without prior written agreement.

Article 14 · Personal data

The processing of the Customer's personal data is governed by the Privacy policy available on the Site.

Article 15 · Applicable law and jurisdiction

These T&Cs are governed by French law. Failing an amicable settlement, any dispute shall fall under the exclusive jurisdiction of the Tribunal de commerce de Nantes.