General Terms and Conditions of Sale

On its website, SUSTY offers a matchmaking service between manufacturers and/or professional publishers of materials (fabrics, tiles, carpets, etc.) (hereinafter referred to as the “Partners”) and users of the website, and also offers products directly for sale (hereinafter referred to as the “Platform”).

These General Terms and Conditions of Sale (hereinafter the “General Terms” or the “Contract”) are intended to govern all contractual relationships between the Partners and the clients (acting as consumers, non-professionals within the meaning of the French Consumer Code, or professionals), users browsing the Platform who have placed orders for products offered for sale by a Partner via the matchmaking service provided by SUSTY on the Platform (hereinafter the “Client”).

These General Terms apply in addition to the General Terms of Use and govern the procedures for executing an order for products by the Client on the Platform from a Partner.

Orders placed by the Client with SUSTY are governed by SUSTY’s General Terms and Conditions of Sale.

These General Terms are available on the Platform in a printable format.

When the Client acts as a consumer or non-professional within the meaning of consumer law, the Contract is subject to the provisions of the French Consumer Code.

If any provision of these General Terms is found to be illegal or unenforceable, the other provisions shall remain in full force and effect.

Entering into the Contract implies unreserved acceptance of the General Terms, it being understood that the Client acknowledges having read and accepted them at the time the Contract is concluded.

Article 1: Purpose

On the Platform, the Partners offer for sale decoration and furnishing products and materials, such as, but not limited to, rolls of fabric, carpets, rugs, and tiles (hereinafter the “Products”) to Clients acting as consumers, non-professionals, or professionals.

It is specified that, within the context of this matchmaking service, SUSTY acts only as an intermediary by hosting the Product offers proposed for sale by the Partners, and is in no way responsible for transactions carried out between the Partners and the Clients.

Transactions made with a Partner through the Platform’s matchmaking service, for the purpose of purchasing Products, are concluded directly between the Partner and the Client. SUSTY is in no way a reseller of the Products offered by the Partners via the Platform.

For the purposes of these General Terms, the Client and the Partner shall be referred to collectively as the “Parties” and individually as a “Party”.

Any order for a Product sold by a Partner and placed on the SUSTY Platform via the matchmaking service offered by SUSTY is subject to these General Terms.

These General Terms are established by SUSTY, and the Partners have agreed to be bound by them. SUSTY reserves the right to modify the General Terms at any time by publishing a new version on the Platform. The applicable General Terms are those in force on the date the order is placed.

Article 2: Products

Each Product is presented on the Platform through a “product sheet” identifying the Partner, the seller of the Product, and providing information related to their identity and contact details. The Products are presented on the Platform with a “product sheet” allowing the Client to learn the essential characteristics of the Product as well as its price. The Client is invited to consult the description of each Product to understand its features and, where applicable, its maintenance and usage conditions.

Only Products made available by the Partners on the Platform at the time of the order, and identified as available, may be sold to the Client.

The offer and prices of the Products are valid as long as the Product is available on the Platform.

Photographs, videos, and graphics used to illustrate the Products are provided for illustrative purposes only.

Article 3: Prices

The prices indicated are set by the Partners, in euros, inclusive of all taxes. They are shown on the “product sheet”, excluding delivery charges, which will be added prior to order confirmation.

Clients acting as professionals will have access to prices excluding VAT, as well as the total price including all taxes.

The Value Added Tax (VAT) applicable is the one in force in France at the time the order is placed. Any changes to the applicable rate may be reflected in the Product prices.

The prices charged are those displayed on the Platform at the time the order is placed. After this date, prices may change at any time.

The delivery costs applicable to each Product will be determined by the Partner.

Article 4: Duration

These General Terms are deemed accepted by the Client at the time the order is confirmed by double click, and remain in force for the duration required to supply the Products and until the expiry of the warranties provided herein.

Article 5: Orders

5.1. Placing the Order

The Client may place an order from the catalogue of Products made available by the Partners on the Platform. The Client will be informed throughout the purchasing process of the identity of the Partner with whom they are contracting.

The Client selects one or more Products and clicks “Add to cart.”

If the Product is not in stock, the estimated availability date will be indicated on the Platform.

Once added to the cart, the Client may either continue shopping by clicking “Continue shopping” or check their order by clicking “View my cart.”

At any time, the Client may:

• Check the Products in the cart: quantities, total price, and detailed information by clicking on the “My cart” or “View my cart” icon,

• Modify or cancel the order from the cart summary page,

• Continue shopping via the confirmation pop-up after adding a Product,

• Finalize the order by clicking “Validate my cart.”

If the Client adds Products from different Partners, a separate cart is created for each Partner. Each cart represents an order containing all Products from that specific Partner.

5.2. Order Validation

The Client reviews the Products on the order summary page, where they can modify their choices or correct any errors.

To validate the order and proceed, the Client must read and accept these General Terms. The summary page clearly displays the payment obligation by stating “order with payment obligation.”

The Client is also informed of the availability period or date for each Product.

5.3. Client Identification

The order can only be validated if the Client has a personal account. If they do not already have one, they must fill in all mandatory fields (marked with an asterisk) to create it. The Client must also provide a valid email address to access the Platform.

5.4. Finalizing the Order

On the cart page, the Client accesses a list of Products and delivery options with associated costs. On the delivery page, the Client selects a delivery method and provides the desired shipping address. For a first-time delivery, the address must be saved before continuing.

The Client may also specify a billing address, which can be modified if needed. The Client then clicks “Continue my order” to validate the addresses.

The Client is then directed to choose a payment method.

Cancellation remains possible as long as the Product has not been shipped, by contacting SUSTY customer service.

The amount due is shown on the payment page and reiterated in the confirmation email sent by SUSTY.

The Client pays online at the time of order using a bank card (Carte Bleue, Visa, Eurocard, Mastercard, PayPal). American Express is accepted.

Card payment instructions:

• The Client must enter their card number, expiration date, and security code (3-digit number on the back of the card).

• SUSTY will debit the Client’s account at the time of order. The amount debited corresponds only to delivered Products.

• For payment, the Client is redirected to a secure payment gateway (+++).

• For orders over €30, strong authentication will be required.

Providing payment details and confirming the order constitutes full proof of the transaction under French law no. 2000-230 of March 13, 2000 regarding digital signatures (articles 1365 et seq. of the Civil Code).

Clients acting as professionals may also pay by bank transfer to SUSTY within XX business days from receipt of the Product.

5.6. Order Acknowledgment

After payment, the Client is redirected to a confirmation page. A summary document is sent by email (durable format) to the Client before delivery. This serves as an order acknowledgment.

SUSTY forwards the Product order to the relevant Partner.

The Client will be informed by email once the Partner confirms the order.

In case of withdrawal, a withdrawal form is available under “my returns/exchanges” in the Client’s account. A model form is also attached to these Terms.

5.7. Invoicing

Once the Client’s order is confirmed, the invoice can be accessed under “my orders” / “download invoice.” The invoice is issued by SUSTY on behalf of the Partner.

If the Client buys Products from multiple Partners, one invoice will be issued per Partner.

5.8. Order Tracking

To track the order, the Client may log into their account under “my account” / “my orders.”

The order status is displayed on the Platform and updated by the relevant Partner.

5.9. Order Cancellation

The Client may cancel their order free of charge within thirty (30) minutes of placing it. Orders may only be canceled—not modified.

If eligible, cancellation can be done directly via the Client’s account under “Track my order” or using the “Order tracking” link. The Client must enter the order number and email used.

To cancel:

• Click “Cancel order” above the order summary,

• Complete the cancellation form (optional: provide a reason),

• Click “Cancel order.”

Once canceled, the Client receives a confirmation email. If paid by card, the Client’s account will not be charged. If already charged, a refund will be issued to the same payment method. If paid by bank transfer, the account will be credited.

If the cancellation window has passed, the order will be delivered. In such case, the Client must follow the return process outlined in Article 8.

Refunds will be made using the original payment method (unless another is agreed).

Products are delivered by the Partners as specified in Article 3.

Delivery conditions (carrier, delivery time, and costs) for each Product are determined by the Partner.

The Client may choose delivery to their home, another location, or a partner relay point.

6.1. Delivery

The Client may have Products delivered to the address provided when ordering. This address may differ from the billing address. Products are delivered within mainland France (+++). Partners do not deliver to French overseas territories (DOM-TOM).

For Products in stock at the time of order, the Client may choose between two delivery methods:

• “Standard” delivery (mainland France): The Partner will make best efforts to deliver within an indicative period:

  • In mainland France, 3 to 5 business days after payment, and in any case within 30 days.

  • Orders placed Friday afternoon, Saturday, or Sunday are processed the next business day.

  • Orders placed on public holidays are processed the next working day, which may extend delivery time.

  • An additional business day may apply in these cases, and is included in the estimated delivery date shown at checkout.

6.2. Retention of Title and Transfer of Risk of the Products

Full payment of the price results in the transfer of ownership of the Products to the Client. Until the full price has been paid, the Products remain the property of the Partner.

However, the risks associated with the Products (loss, damage) are transferred to the Client as soon as they, or any third party designated by them, take possession of the Products upon delivery.

Upon receiving the order, the Client or the third party designated to receive the order must check the general condition of the parcel, and in particular, verify the apparent conformity of the Products received with the order placed.

In the event of a delivery issue, the Client is advised to refuse the parcel.

The Client must report any issue related to the delivery (damaged parcel, missing or deteriorated products, etc.) within 30 days of receipt.

This notification may be made:

• To SUSTY’s customer service via the online form available at: serviceclient@sustyfabrics.com

• Directly to the relevant Partner via their client portal

Subject to provisions reserved for Clients acting as consumers or non-professionals regarding the right of withdrawal (Article 8) and legal guarantees of conformity (Article 10), any complaint made more than 30 days after receipt of the Products will be rejected, and the Partner will not be held liable.

At the Partner’s request, the Client may be required to return any non-conforming or damaged Product. Return shipping may be covered by the supplier via SUSTY. The Partner reserves the right to refuse future orders in cases of abnormal or abusive returns.

In accordance with Article L.221-18 of the French Consumer Code, the Client acting as a consumer has a period of 14 (fourteen) calendar days from receipt of the Products to exercise their right of withdrawal from the Partner, without having to provide any reason or pay any penalty. The Client must then return the Products within 14 (fourteen) calendar days from the communication of their decision to withdraw.

As a commercial gesture, the Partner allows Clients acting as consumers to withdraw within 30 (thirty) calendar days from receipt.

However, pursuant to Article L.221-28 of the French Consumer Code, the right of withdrawal and any refund request cannot be exercised when the Product has been manufactured, modified, adjusted, or heavily customized at the Client's request.

8.1 Exercising the Right of Withdrawal

To exercise the right of withdrawal, the Client may choose to:

• Use the online withdrawal form (available in their Client account under “my returns/exchanges”), which will be forwarded by SUSTY to the relevant Partner;

• Submit an unambiguous declaration (e.g., a letter sent by post, fax, or email). Any written declaration must be addressed to the Partner’s address indicated on the invoice.

If the Client uses electronic communication, the Partner will promptly acknowledge receipt of the withdrawal on a durable medium (e.g., by email).

All Products must be returned in new condition, in their original packaging, accompanied by the return or exchange form.

If there is a return shipping fee, it will be disclosed on the return declaration page before final confirmation.

If the Product is returned via La Poste, Chronopost, etc., the Client must cover the shipping cost directly.

Returns must be sent to the Partner’s address shown on the invoice.

8.2 Effects of Withdrawal

If the right of withdrawal is exercised, the Partner will refund the full amount paid by the Client, including delivery fees (except for any additional fees resulting from a delivery method more expensive than the “standard delivery” offered, as defined in Article 6).

The Partner will refund the Client on the date of receipt of the returned Products or upon presentation of proof of shipment—whichever comes first—subject to Product verification.

Incomplete, damaged, altered, or soiled Products that cannot be resold without additional cost cannot be subject to a valid withdrawal and will not be refunded or exchanged.

The Partner will refund the Client using the same payment method used for the original transaction (unless expressly agreed otherwise).

The Client must return or hand over the Product to the Partner without undue delay and no later than 30 (thirty) days after notifying SUSTY or the Partner of the decision to withdraw. This deadline is deemed met if the Product is sent before the expiration of the 30-day period.

Beyond this 30-day limit, the Partner may consider the return excessively delayed. If excessive delay is observed and the Client fails to provide proof of shipment, no refund will be issued.

The Partner reserves the right, on a case-by-case basis, to accept returns beyond the legal deadline and to deduct shipping costs from any refund offered as a goodwill gesture.

The Client must bear the direct cost of returning the item unless the return is due to a Partner’s error.

The Client is liable only for any diminished value of the Product resulting from handling beyond what is necessary to establish its nature, characteristics, and proper functioning.

The Partner assumes full responsibility for the Products they offer on the Platform through SUSTY’s matchmaking service and is solely responsible for handling any claims related to the Products.

The Partner cannot be held liable for delivery delays caused by transport disruptions or errors (including but not limited to full or partial strikes of postal services, transport services, or communication networks).

Products sold by the Partners are covered by the legal warranty regime described in this article, provided they have been used under normal conditions and maintained in accordance with provided instructions.

10.1 Legal Warranty of Conformity

The legal warranty of conformity applies to Clients acting as consumers.

Consumers benefit from the legal warranty of conformity (Articles L. 217-3 to L. 217-20 of the French Consumer Code) and the legal warranty against hidden defects (Articles 1641 to 1649 and 2232 of the Civil Code).

The seller commits to delivering a product in conformity with the contract and meeting the criteria of Article L. 217-5 of the French Consumer Code.

In case of non-conformity, the consumer may request repair or replacement of the product, or, failing that, a price reduction or cancellation of the sale, under legal conditions.

They may also withhold full or partial payment or suspend performance of their obligations until the seller fulfills the legal warranty of conformity (Articles 1219 and 1220 of the Civil Code).

The consumer must request product conformity by choosing between repair and replacement. Compliance must occur within 30 days of the request.

Repair or replacement includes, where applicable, removal, collection, and installation of the new product.

Any repaired or replaced product benefits from a renewed six-month warranty.

If the replacement occurs because the seller failed to act on the Client’s first request, a new warranty period applies from the date of delivery of the replacement product.

If compliance is impossible or would incur disproportionate costs (Article L. 217-12), the seller may refuse it. If not justified, the Client may seek enforcement under Articles 1221 ff. of the Civil Code.

In serious cases of non-conformity, the consumer may immediately request cancellation or a proportional price reduction (Article L. 217-14).

Refunds must be made upon return of the non-conforming product or proof of its return within 14 days and via the same payment method, unless expressly agreed otherwise.

The preceding provisions do not preclude the allocation of damages if applicable.

Non-conformities detected within 24 months of delivery are presumed to have existed at the time of delivery unless proven otherwise.

For legal warranty enforcement, return costs are advanced by the Client and reimbursed only if the Partner is found liable.

10.3 Warranty Against Hidden Defects

The Client also benefits from the legal warranty against hidden defects as per Articles 1641 to 1649 of the Civil Code for two years from the date the defect is discovered.

A defect is considered hidden if it renders the Product unfit for use or severely diminishes its usefulness, such that the Client would not have purchased it or would have paid less had they known.

Legal action must be initiated within two years of discovery.

10.4 Claims

Complaints may be submitted:

• Via SUSTY’s contact form: www.sustyfabrics.com (under “Contact Us”)

• Directly to the relevant Partner through their client portal

If a complaint is made via SUSTY’s form and concerns a Product sold by a Partner, the Client must check the appropriate box. SUSTY will forward the request to the Partner.

Article 12: Partner Reviews

SUSTY offers Clients the opportunity to review Partners at the end of the transaction by leaving a comment. This transparency initiative is intended to ensure the reliability of the Partners and their compliance with these General Terms.

SUSTY does not control these reviews and simply forwards them to the relevant Partner.

The conditions under which Partners process the Client’s personal data are specified in the privacy policy, which the Client is invited to consult.

The Client is advised to keep a paper or digital copy of all data related to their order.

Computer records kept in the systems of SUSTY and the Partners under reasonable security conditions will be considered proof of communications, orders, and payments between the Parties.

Invoices are archived on a reliable and durable medium to ensure an accurate and lasting copy.

Additionally, in accordance with Article L.213-1 of the French Consumer Code, the Partner commits to preserving and archiving all contracts concluded with a Client acting as a consumer for a value equal to or greater than €120, for a period of ten years, and to ensure the Client has access to these contracts at any time.

This right of access may be exercised by contacting the Partner at the address listed on the invoice, which the Client is advised to keep.

The elements making up the “product sheets,” such as photos, videos, trademarks, graphics, illustrations, images, and all other distinctive signs are protected by intellectual property and copyright laws, for which the Partners hold the rights. Any unauthorized use constitutes infringement punishable under Articles L.335-2 and following of the French Intellectual Property Code.

The Partner shall not be held liable for total or partial non-performance of their obligations under the Contract if such failure results from the Client, an unforeseeable and insurmountable act of a third party, or a case of force majeure as defined by Article 1218 of the French Civil Code and relevant case law. This includes, but is not limited to, total or partial strikes (postal services, transportation, communications), natural disasters, administrative closures due to pandemics, wars, or acts of terrorism.

If such interruption lasts longer than thirty (30) days, the Parties shall be released from their obligations to one another. If applicable, the Partner will reimburse the Client as soon as possible.

17.1 Governing Law

These General Terms of Sale are governed by French law.

In case of translation of these General Terms into one or more languages, the French version shall prevail in case of contradiction or dispute over the meaning of a term or clause.

These Terms apply only to deliveries made to Clients domiciled in Europe. Pursuant to applicable EU law, and notwithstanding the previous sentence, the law of the Client’s country of residence may apply for Clients acting as consumers residing in Europe.

17.2 Consumer Mediation

Under Articles L.612-1 and following of the French Consumer Code, the Client acting as a consumer may submit any unresolved dispute with a Partner to a consumer mediator free of charge.

SUSTY is a member of the Fédération du e-commerce et de la vente à distance (FEVAD) and benefits from its mediation service.

If prior contact with the Partner fails, the Client may refer the unresolved matter to the FEVAD e-commerce mediator:

• By postal mail: Médiateur de la consommation FEVAD, BP 20015 – 75362 PARIS CEDEX 8

• Or by completing the online form available [here].

For details on how to submit a mediation request, click [here].

The Client may also access the European Online Dispute Resolution platform at: http://ec.europa.eu/odr.

17.2 Jurisdiction for Consumer Clients

In the event of a dispute relating to these General Terms, the complainant may bring the matter before the competent court in accordance with Article R.631-3 of the French Consumer Code.

17.3 Jurisdiction for Business Clients

If the Client contracted as a professional, the Parties expressly agree to derogate from standard jurisdiction rules and irrevocably submit any dispute to the courts of the Paris Court of Appeal jurisdiction.

The Parties agree to seek an amicable resolution before initiating any legal proceedings.