General terms and conditions of sale

Scenolia is since 2004 the decoration division of the Prismaflex International Group. Benefiting from the Group's unique know-how in innovation and digital printing, our objective is to democratise high-quality large-format wall decoration and make it accessible to the greatest number of people, from individuals to professionals. We are also trusted by well-known brands.

Our integrated studio and the many partnerships we have formed with renowned designers make our wallpapers, giant posters, screenbreakers, acrylic glass paintings, etc. exclusive creations that are always at the cutting edge of the trend.

Our production is 100% French, 100% integrated, eco-responsible and ISO 14001 certified.

These General Terms and Conditions of Sale govern the relationship between Prismaflex International (the Seller) and the Buyer in the context of the sale of Products on the www.scenolia.com website.

The platform is intended to provide products only to consumers, as an end user, for personal use. Professionals and persons interested in reselling the Products (in whole or in part) are requested to contact the Scenolia Customer Service:

Prismaflex International - Customer Service Scenolia
309 route de Lyon - CS 50001 -
69610 Haute Rivoire or scenolia@scenolia.com.

For professionals, special clauses apply (paragraph 13).13.

1. ORDER

The selection of Products on the www.scenolia.com website by the Buyer with a view to their purchase is the subject of an Order. The Buyer is invited to validate his/her Order. This validation of the Order commits the Customer to pay the Seller.
After payment of the Order, the Buyer will receive an Order Confirmation e-mail.
This Order Confirmation formalises the conclusion of the sale, subject to cancellation for the following reasons

• Unavailability of the Product. In this case, the Buyer will be informed as soon as possible and the refund will be made as soon as possible and at the latest within fourteen (14) days of payment of the sums paid;
• Refusal of the payment transaction by the bank concerned ;
• Dispute with the recipient and/or the Buyer
• Fraud or force majeure.
  The automatic recording systems associated with the SCENOLIA sales site are considered as proof of the nature, content and date of the Order.

2. PRICES

Prices are expressed in euros.
The prices indicated on the product sheets do not include transport, i.e. delivery costs (unless otherwise indicated on the product sheet).
The price indicated on the Order Confirmation:

• Is the final price;
• Is expressed inclusive of all taxes;
• Includes VAT (value added tax) for France and EU countries;
• Includes the price of the Products as well as the costs of handling, packaging, preservation of the Products and transport and delivery to the buyer;
• Does not include telecommunications costs associated with accessing the site; and
• Is valid as long as the offer is on the website.

In the case of delivery outside mainland France and the EU, the price indicated on the Order Confirmation does not include :

• Taxes due on the import of goods,
• Customs duties,
• Value added tax, and
• Any other taxes (however described or named) payable under the laws of the country in which the Order is received.

The Buyer opting for a delivery outside of metropolitan France is therefore solely responsible for the declaration obligations and possible payment of taxes that result from this.

3. PAYMENT

The payment of the price (price indicated on the Order Confirmation) is made at the time of the Order, in a secure environment.
The methods of payment accepted are :

• CB, Visa and Mastercard bank cards;
• Paypal secure payment system e-wallets; and
• Cheques (for sales in metropolitan France only). The Order is validated upon receipt of the cheque and confirmation that it has been cashed. For more information, please visit our Frequently Asked Questions.

4. DELIVERY

Prior information
The Buyer undertakes to provide all information relating to the conditions of delivery (place, recipient, etc.) when placing the Order. This information is binding on the Buyer: In the event of an error in the wording of the recipient's address or other information, the Seller shall not be held responsible for any impossibility of delivering the Product.

Organisation
The delivery information and the Buyer's Order are transmitted to a transport company.
This transport company (La Poste or another transport company), hereinafter the Carrier, is selected according to the specificities of the Order.
The Buyer's Order may be subject to staggered delivery (several deliveries for the same Order to the same address): This is particularly the case if the Products are not available.

Delivery costs
Delivery costs are the sole responsibility of the Buyer. They are calculated and communicated as follows:

• The amount of the delivery costs shall be indicated to the Buyer before he/she is invited to validate his/her Order, so that the Buyer has full information on the total price of his/her Order before committing him/herself.
• The Buyer may obtain, outside of any Order, an estimate of the delivery costs. These estimates are for standard volume orders to the European Union. In the event of delivery outside this area, the Buyer may request a quotation by sending a written request to scenolia@scenolia.com. This quotation will be sent as soon as possible.
• In the case of staggered delivery, the Order does not give rise to additional invoicing: delivery charges are calculated as if the Order were a single delivery.
• In case of delivery to two different addresses: the Purchaser must place two separate Orders, and pay the corresponding delivery charges for each one.

Deadlines
The deadline for delivery of the Products is communicated to the Buyer before the Order is validated. Currently, on average, the Products ordered are delivered to the transport company no later than three (3) working days after the Order Confirmation.

5. VERIFICATION OF THE ORDER ON DELIVERY

At the time of delivery, the Buyer undertakes to :

• check the condition of the packaging and the condition of the Products upon receipt;
• make any reservations and/or claims necessary on the Carrier's delivery note; and to
• refuse to accept a Product that is obviously damaged; and
• notify the Seller of any reservations by registered letter with a request for acknowledgement of receipt within two working days of delivery

After delivery, if the Buyer notes defects which are the subject of reservations (new and/or additional reservations) to be addressed to the Carrier, and that he has not mentioned them on the delivery note, he undertakes to :

• Communicate any defects found to the Carrier within three days of such delivery by registered letter with acknowledgement of receipt; and
• Send a copy of this letter to the Seller by registered letter with acknowledgement of receipt.

Failure to file a claim within the three day period shall preclude any action by the Seller against the Carrier.6.

6. WITHDRAWAL

Existence of the right of withdrawal
Pursuant to Articles L 121-18 et seq. of the French Consumer Code, the Buyer has a withdrawal period of fourteen (14) days to withdraw from his contract concluded at a distance, without having to justify his decision.
The Seller shall endeavour to present the Products with visuals and texts that are as faithful and accurate as possible. If, however, the Buyer finds that the variations between these representations and the delivered Product are not minimal, he is requested to inform the Seller of this and, if he so wishes, he may exercise his right of withdrawal.

Starting point and expiry of the withdrawal period
The right of withdrawal may be exercised by the Buyer from the time of receipt of the goods by the Buyer or a third party, other than the carrier, designated by him. The fourteen-day period shall run from the day of receipt of the goods by the Buyer. In the case of an order for several goods delivered separately or in the case of an order for a good composed of multiple lots or parts whose delivery is staggered over a defined period of time, the time limit shall run from the receipt of the last good or lot or part.
Where this period expires on a Saturday, Sunday, public holiday or non-working day, it shall be extended until the next working day.

Implementation of the withdrawal
The Buyer shall inform the Seller of his decision to withdraw by sending him, before the expiry of the fourteen day period, the withdrawal form proposed by the Seller or any other unambiguous statement expressing his wish to withdraw. In case of a withdrawal request, please contact us via our contact form or by phone directly. If the withdrawal form provided by the Seller is used, the Buyer shall receive an acknowledgement of receipt of the withdrawal from the Seller on a durable medium without delay.
The right of withdrawal may be exercised by simply returning the Product to PRISMAFLEX INTERNATIONAL, Customer Service SCENOLIA, 309 route de Lyon, CS 50001, 69610 Haute Rivoire, France in conditions that ensure its conservation and adapted to its value, and at the Buyer's expense.
The Buyer undertakes to return the Product(s)

• without undue delay and, at the latest, within fourteen days of the communication of withdrawal,
• to the Seller or a person designated by the Seller;
• unused,
• in packaging that allows the Product to be transported without alteration or deterioration, and in a condition consistent with the reason for the return of the Product(s), preferably in its (their) original packaging, and accompanied by all its (their) possible accessories, instruction manual(s), documentation(s) as well as the identification elements of the Order in question

The Buyer may be held liable in the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Products. Indeed, the right of withdrawal is not intended to allow the testing of Products but to allow the consumer to check their nature and characteristics, to handle and inspect them in a way that would also be allowed in a shop. Therefore, the Buyer undertakes to handle and inspect the Products with all necessary care during the withdrawal period and to return them in perfect condition.

Refund
Pursuant to Article L.121-24 of the French Consumer Code, when the right of withdrawal is exercised, PRISMAFLEX INTERNATIONAL shall reimburse the Buyer for all sums paid, including the costs of the initial delivery, without undue delay and at the latest within fourteen days following the date on which PRISMAFLEX INTERNATIONAL is informed of the Buyer's decision to withdraw.
PRISMAFLEX INTERNATIONAL shall carry out this refund using the same means of payment as the one used by the Buyer for the initial transaction, unless the Buyer expressly agrees that PRISMAFLEX INTERNATIONAL may use another means of payment and insofar as the refund does not incur any costs for the Buyer.
PRISMAFLEX INTERNATIONAL is not obliged to reimburse additional costs if the Buyer has chosen a more expensive delivery method than the standard delivery method offered by PRISMAFLEX INTERNATIONAL.
The Buyer is responsible for the direct costs of returning the goods.

No right of withdrawal
Pursuant to Article L.121-28 of the Consumer Code, the Buyer may not exercise a right of withdrawal in cases where the Products concerned :

• have been made to the Buyer's specifications or clearly personalised, as for example for products from personalised decoration; or
• are likely to deteriorate or expire rapidly; or
• have been unsealed by the Buyer after delivery and cannot be returned for reasons of health protection; or
• after delivery and due to their nature, are inseparably mixed with other articles.

7 GUARANTEES

Product Compliance

The Products are intended for the French market. They are therefore developed in accordance with the applicable standards and regulations.
In all cases, the Buyer undertakes to make reasonable use of the Product, in accordance with the accompanying instructions (in particular instructions for use, directions for use, advice) in conditions appropriate to its function, its primary functions and its destination. The Seller declines all responsibility in the event of misappropriation, incorrect installation, non-compliance with instructions and notices, storage in abnormal conditions, or in the event of use of the Products not in accordance with their intended purpose.

Legal guarantees

The Buyer benefits at least from the legal guarantee of conformity provided for in Articles L. 211-7 et seq. of the French Consumer Code and the warranty for defects in the goods sold provided for in articles 1641 et seq. of the French Civil Code.

Legal guarantee of conformity

Pursuant to Article L.211-4 of the French Consumer Code,
"The seller is required to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.

Pursuant to Article L.211-5 of the Consumer Code,
"To be in conformity with the contract, the goods must:
1° Be fit for the purpose usually expected of similar goods and, where applicable :

• correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model;
• have the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;

2° Or have the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter.

In essence, under this guarantee, the Buyer is entitled to demand the conformity of the goods with the contract, at no cost to him.
Defects of conformity which appear within twenty-four months of delivery of the goods shall be presumed to have existed at the time of delivery, unless proven otherwise.
In the event of a lack of conformity, the Buyer shall choose between repairing or replacing the goods, unless this choice would entail a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the extent of the defect.
Where repair and replacement are not possible, the Buyer may return the goods and have the price returned or keep the goods and have part of the price returned.

Finally, pursuant to Article L.211-12 of the French Consumer Code,
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

For more information on how to exercise the legal guarantee of conformity, see Articles L.211-4 to L.211-14 of the Consumer Code.

Legal guarantee for defects in the goods sold

Pursuant to Article 1641 of the Civil Code,
"The seller is liable for any hidden defects in the item sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have paid a lower price for it, had he known of them.

In essence, under this guarantee, the Buyer has the choice of returning the item and having the price returned, or keeping the item and having part of the price returned.

Pursuant to Article 1648 paragraph 1 of the Civil Code,
"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

For more information on how to exercise the guarantee against hidden defects in the thing sold, see articles 1641 to 1649 of the Civil Code.

To the extent accepted by the applicable rules of public order, PRISMAFLEX INTERNATIONAL shall not be liable for consequential damages, in particular any costs incurred as a result of the deterioration of the medium.8.

8. CUSTOMISED PRODUCTS

The Buyer undertakes not to request the production of personalised Products whose content is likely to infringe public order, good morals or the rights of third parties.
In particular, the Buyer warrants that he/she has all necessary authorisations and rights (in particular industrial and intellectual property rights such as trademark rights and copyrights) on the images and contents that he/she makes available to Prismaflex International and its possible partners for the execution of the contract for the purchase of personalised Products in application of the present. In particular, the Buyer guarantees that the content provided for personalisation does not constitute an infringement of a pre-existing work, that it will not incite violence, and that it will not promote the use of illicit products or services.

The Buyer grants Prismaflex International and its possible partners, in view of the execution of the contract for the purchase of personalised Products in application of the present, the rights of reproduction, representation, modification and storage, on all existing or future media, for the duration necessary for the realisation of the personalised Product, in the whole world.

Consequently, Prismaflex International and its possible partners cannot be held responsible for facts related, directly or indirectly, to the personalised Products due to the content reproduced.
In the event of a claim, the Buyer undertakes to compensate Prismaflex International and its possible partners for all direct and indirect damage suffered, and in particular for all costs, charges, expenses, loss of image and loss of profit caused.

Prismaflex International is not obliged to keep the data provided for the purpose of producing the personalised Products: It cannot therefore be held liable in this respect.
In addition, and depending on the circumstances, Prismaflex International reserves the right to refuse the execution of an Order for personalised Products, the content of which would appear to be contrary to the commitments made in this article.

Finally, with regard to rendering, Prismaflex International's commitments are limited to an obligation of means, to achieve the personalised Product in an optimal manner. The Buyer is informed of the fact that the rendering after printing may vary from one medium to another, without the quality of Prismaflex International's service being in question.
It is reminded that the Buyer does not benefit from a right of withdrawal for personalised Products.

9. COMPLAINTS

The Seller is concerned about the satisfaction of the Buyer and is open to suggestions, observations and complaints. The Buyer can send these to the Customer Service Department:

• Postal address: - Prismaflex International, Service Clientèle Scenolia Réclamations VPC, 309 route de Lyon CS 50001, 69610 Haute Rivoire, France
• E-mail address: scenolia@scenolia.com
• Telephone 33(0)4 74 70 68 00 ; Fax: 33(0)4 74 26 30 87

In order to optimise the reactivity of the Customer Service, the Buyer is requested to specify, in any communication, the reference and date of the Order concerned.
In addition, unless otherwise stated in these General Terms and Conditions of Sale, the Buyer undertakes to communicate any complaint by e-mail and/or by registered letter with acknowledgement of receipt.

10. ACCEPTANCE OF THE CONDITIONS

By using the Scenolia website, the Buyer acknowledges having read and understood these General Terms and Conditions of Sale and General Terms and Conditions of Use. The Validation of an Order therefore implies acceptance by the Buyer of the terms of the General Terms of Use and General Terms of Sale without restriction or reservation. In the absence of the Seller's prior written agreement, these terms and conditions of sale and use of the site shall prevail over any other stipulation.
The present General Terms and Conditions of Sale and the General Terms and Conditions of Use of the Scenolia site may be modified to ensure their conformity and adaptation to the quality of service that the Seller wishes to offer. The Buyer therefore undertakes to take note of their stipulations before each Order. They determine the rules that will apply.
If one of the stipulations of the present General Terms and Conditions of Sale and/or General Terms and Conditions of Use should be invalidated, this shall not invalidate the other stipulations of the contract, which shall remain in force.
The fact that the Seller does not avail itself of any of the obligations referred to herein shall not be interpreted for the future as a waiver of the obligation in question.

11. PRESCRIPTION

It is recalled, pursuant to Article R.111-1 of the Consumer Code, that under the terms of Article 2232 of the Civil Code, "the postponement of the starting point, suspension or interruption of the limitation period may not have the effect of extending the period of extinctive limitation beyond twenty years from the day on which the right arose.

12. APPLICABLE LAW

These General Terms and Conditions of Sale and General Terms and Conditions of Use are subject to French law.

13. SPECIFIC RULES APPLICABLE TO PROFESSIONALS

Professionals are invited to contact customer service for any order. In the case of orders placed on the website www.scenolia.com, as a professional, the following specific provisions apply.

• Right of withdrawal
  The Buyer has no right of withdrawal.
• Delivery
  • The transfer of risk takes place at the latest when the Product is handed over to the first carrier.
  • Delivery times are given as an indication, however the Seller shall endeavour to respect the delivery times indicated in the order confirmation.
  • The Order may be subject to partial deliveries.
  • If the Buyer fails to accept the Order, any arrangements made by the Seller in this respect shall be charged.
• Liability, Warranties
  • The Seller's liability is limited to the legal warranty.
    Except where prohibited by public policy, the Seller's liability is limited to the total net value of the Products in question.
  • The Seller shall not be liable for any damage to the goods after the Product has been delivered to the Buyer as soon as the Buyer has taken possession of it, or, as the case may be, as soon as it has been handed over to the first carrier.
  • In particular, the Seller cannot be held liable in the following cases:
    • in case of late delivery ;
    • in the event of transformation or modification of the Product by a person other than the Seller;
    • in the event of a defect in the Product resulting from abnormal use of the equipment, lack of maintenance by the Buyer, failure to comply with the Seller's recommendations (particularly for installation), faulty installation or assembly of the Product;
    • if the Product causes damage to goods manufactured by the Buyer or incorporating the Buyer's goods;
    • in the event of normal wear and tear or deterioration;
    • for compensation for indirect damage, in particular loss of profit or damage to image.
• Disputeresolution:
  The parties shall endeavour to reach an amicable agreement in the event of a dispute. In the absence of an amicable settlement, any dispute relating to the Products, the application or interpretation of the General Terms and Conditions of Sale or the General Terms and Conditions of Use of the website www.scenolia.com shall fall within the exclusive jurisdiction of the courts within the jurisdiction of the Lyon Court of Appeal.

14. customer reviews

By ticking the box entitled "I accept the general terms and conditions of sale" when placing an order, the Consumer concerned expresses his or her specific, free and informed consent by which he or she accepts that personal data concerning him or her may be used by the third party Avis Vérifiés for the purpose of collecting his or her opinion following the order. Avis-Verifies shall use the Personal Data of Consumers solely in the context of its Solution and for the sole purpose of the latter. Avis Vérifiés formally refrains from communicating to anyone personal or nominative information that would allow the Consumer to be identified or that would infringe on his/her privacy.

The Consumer has the possibility of objecting to the distribution of this information to Avis Vérifiés via the address: scenolia@scenolia.com. For more information, we invite you to consult the documentation of the Avis vérifiés site here.

Terms and conditions of use

The use of the Scenolia website implies full acceptance of the general conditions of use described below. These conditions of use may be modified or completed at any time, and the Users of the Scenolia site are therefore invited to consult them regularly.
This site is normally accessible to Users at all times. PRISMAFLEX INTERNATIONAL may however decide to interrupt the website for technical maintenance purposes. PRISMAFLEX INTERNATIONAL will then endeavour to inform Users of the dates and times of the intervention beforehand.
The website www.scenolia.com is updated regularly. In the same way, the legal notices can be modified at any time: They are nevertheless binding on the User, who is invited to refer to them as often as possible in order to take note of them.