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GENERAL CONDITIONS OF SALE

APPLICABLE TO CUSTOMERS FROM 21/12/2022

These General Terms and Conditions of Sale apply to all purchases of products or services on this site. Please read them carefully. They contain important information about your rights and obligations, as well as restrictions and limitations that apply to your purchases.

This website is available at https://www.morpheabed.com (this "Website") and is owned and operated by Morphea, a simplified joint-stock company with a capital of 100 euros, registered with the Paris Trade and Companies Register under number 907553911, with a share capital of €100, whose registered office is located at 33, rue de Prony and whose VAT number is FR76907553911

"MORPHEA BED" or "We" may be used to sell to Customers, Consumers or Professionals, Products and/or Services available on the Website such as:

Article 1: Definitions

Within the framework of these general terms and conditions of sale, the terms used below have the following meanings, whether used in the singular or plural:

  • " Customers ": refers to non-professional consumer customers (natural or legal person) and professional customers ordering a Product and/or a Service;
  • “ Consumers” : refers to non-professional Clients, as defined by the Consumer Code;
  • “ General Terms and Conditions of Sale ”: refers to these general terms and conditions of sale governing the terms and conditions of sale and supply of Products and/or Services by MORPHEA BED to Customers;
  • " MORPHEA BED ":
  • “ Parties ”: refers jointly to MORPHEA BED and the Client;
  • “ Products ”: refers to the goods sold by MORPHEAL BED to the Customer on the Website;
  • “ Professionals ”: ​​refers to professional Clients acting for their business within the meaning of the Consumer Code;
  • " Services ":
  • “ Website ”: refers to the MORPHEA BED website accessible at the following address: morpheabed.com.

Article 2: Purpose – enforceability

2.1 - These General Terms and Conditions of Sale define the terms and conditions under which MORPHEA BED sells and provides Products and/or Services to Customers. The sale and provision of Products and/or Services are governed exclusively by these terms and conditions, to the exclusion of any other document.

Consequently, any conflicting clause is unenforceable. All other documents such as notices, brochures, catalogues, and documentation issued by MORPHEA BED are provided for informational purposes only and are indicative only.

2.2- Customers acknowledge having read the General Terms and Conditions at the time of placing an order.

All online orders for Products and/or Services require prior ticking of the box "I acknowledge that I have read and agree to the general terms and conditions of SALE". Placing an order constitutes the Customer's unreserved and express acceptance of these General Terms and Conditions of Sale.

 

2.3- The applicable General Terms and Conditions of Sale are those in force at the time of purchase.

MORPHEA BED reserves the right to modify these General Terms and Conditions of Sale at any time and without prior notice. If applicable, the modified General Terms and Conditions of Sale for any pending purchase will be subject to the Customer's acceptance.

 

Article 3: Offers

3.1 - Representation of Products and/or Services - The Products and Services offered by MORPHEA BED are those listed on the Website on the date of the order. Information relating to Products and/or Services of any kind provided by MORPHEA BED and visible through its Website is provided for informational purposes only.

MORPHEA BED makes every effort to ensure that the graphic representation of the Products and/or Services is as accurate as possible. However, it is possible that the Client's perception of the photographic representation may not exactly match reality. In such cases, MORPHEA BED cannot be held liable, as these graphic representations have no contractual value.

 

3.2- Availability – All prices, quotes and descriptions presented or mentioned on the Website are subject to availability, and may be withdrawn or modified at any time.

If the Client is a Professional, their order constitutes an offer. Under these General Terms and Conditions of Sale, MORPHEA BED will not be able to accept this offer until it has expressly accepted the order (as described below).

If the Customer is a Consumer, their order constitutes their acceptance of the purchase of Products and/or Services based on these General Terms and Conditions of Sale. This order will be confirmed by email from MORPHEA BED.

While MORPHEA BED makes every effort to ensure that the items appearing on the Website are available, it cannot guarantee that all such items will be in stock or available at the time the Customer submits their order. MORPHEA BED may reject an order before accepting it if it is unable to process or fulfill it. In such a case, MORPHEA BED will refund the Customer any prior payment made for that item.

3.3- Territory - Unless otherwise stated, offers on Products and/or Services are valid throughout the European Union.

Article 4: Ordering Process

4.1- The Customer who wishes to place an order guarantees that he is 18 years of age or older.

All orders imply the Client's full and complete acceptance of the General Terms and Conditions of Sale.

 

4.2 - The Customer makes their selection by browsing the pages of the Website. Their selections are added to their shopping cart when they click on "Add to cart". At any time during their browsing of the Website, they can confirm their order by clicking on "Payment".

When the Customer submits an order by clicking the "Proceed to Payment" button, they indicate their acceptance of the purchase of the Products and/or Services in their shopping cart, based on these General Terms and Conditions of Sale. For Professionals, this order is subject to subsequent confirmation by MORPHEA BED.

 

4.3 - An order acknowledgment will be automatically generated and sent by email. This automatic acknowledgment does not constitute an order confirmation.

Upon acceptance, MORPHEA BED may retain received orders, order acknowledgments, and other contractual documents for a reasonable period. MORPHEA BED can provide copies upon request.

 

4.4- The total amount of the invoice includes VAT and is due from the invoice date.

The Customer makes payment for the Products and/or Services using the payment methods indicated before submitting the order.

MORPHEA BED may only offer certain payment methods for the requested delivery; for example, MORPHEA BED reserves the right to limit payment methods in order to ensure the solvency of the Customer before the delivery is executed.

MORPHEA BED uses a third-party payment processor to process payments for Products and/or Services. Payment processing is subject to all additional terms, conditions, and policies of the payment processor.

Invoices will be sent by email in PDF format to the email address provided during the ordering process. MORPHEA BED may invoice separately for certain parts of the order.

For Professionals: MORPHEA BED is not responsible for price, typographical or other errors in any of its offers and reserves the right to cancel any order resulting from such errors.

4.5- Once placed, the order cannot be modified.

Unless expressly agreed otherwise between the Parties, the order may not be cancelled and/or postponed by the Clients except in the event of any occurrence after its conclusion preventing its execution under normal conditions, in particular in the event of changes in standards, texts and/or regulations of any kind, applicable to all or part of the Products and/or Services in the event of a case of force majeure as defined in Article 14 of the General Terms and Conditions of Sale.

4.6 - In the event of a request to return a product, return shipping costs apply according to the following conditions:

Mattresses : Returns must be made within 100 days of receiving your order. Items must be packaged very carefully; otherwise, you will incur additional charges if the package is damaged in transit. Return shipping costs €100, which will be deducted from your refund.

Mattress toppers : You have 30 days from the date of receipt to request a return. Return shipping costs €100, which will be deducted from your refund.

Pillows, duvets, and bed linen : can only be returned if the item is unused and in its original packaging. Return shipping costs €50, which will be deducted from your refund.

Bed bases:

The return shipping cost for bed bases is €100 .
For the return to be accepted, the bed base must not be assembled or unpacked .

Return request

Contact our customer service team at sav@morpheabed.com to start the return process by providing your order number and details of the item you wish to return.

Return procedure

1- Take photos of your item and attach them to your email.
2- Our SMARTBACK representative will contact you ( by email or WhatsApp ) to schedule a collection appointment. Please pack your mattress carefully, as additional charges may apply if we receive a damaged mattress.
3- As soon as our warehouse receives your merchandise, we will proceed with the refund of your order taking into account the return costs of 100 euros (in accordance with our Terms and Conditions).
4- The corresponding amount will be credited to the original payment method you used to make the purchase. You should see this refund on your statement within the next few days, depending on your bank's processing times.


If the customer does not respond to emails or attempted calls from MORPHEA BED within 7 days of the initial return request, a new return request will be subject to a charge in accordance with the aforementioned fees.

4.7 Cancellation of delivery: We would like to remind you that any order cancellation after shipment will incur a fee of 100 euros.
To avoid these fees, we encourage you to contact us before your order is shipped.

4.8 The "100-night trial" offer is applicable only to first-time mattress orders placed on our website. It allows the customer to test their mattress for 100 nights from the date of receipt. If the customer is not satisfied, they may request a return and refund, in accordance with the terms and conditions described in our General Terms and Conditions of Sale.

If you exchange your mattress under this offer, the replacement mattress will not be eligible for the 100-night trial period. Therefore, the 100-night trial period does not apply to the exchanged mattress.

We reserve the right to refuse a return or refund if the offer is used abusively or not in accordance with these conditions.

Article 5: Delivery of Products

MORPHEA BED only delivers within the European Union.

The delivery times/dates provided on the Website, appearing on an order acknowledgment, acceptance, or elsewhere are estimates only and are not binding. MORPHEA BED strives to meet such delivery times or dates; however, MORPHEA BED does not commit to shipping products and/or commencing services on any specific date(s) and will not be liable for any delay or failure to meet this obligation.

Delivery will be made to a valid address provided by the Customer in the order ("Delivery Address"). The Customer must verify the delivery address on any order confirmation provided by MORPHEA BED and inform MORPHEA BED immediately of any errors or omissions.

MORPHEA BED reserves the right to charge any reasonable additional costs that MORPHEA BED incurs due to changes the Customer makes to the delivery address after submitting an order.

If the Customer refuses or does not accept delivery of the Products supplied in accordance with these General Terms and Conditions of Sale, all risks of loss or damage to the Products will be transferred to the Customer, without prejudice to any other rights or remedies available to MORPHEA BED.

MORPHEA BED will be entitled to demand immediate payment for all products or services delivered and will attempt to make an alternative delivery by any means deemed appropriate and/or store the Products at the Customer's own risk.

When MORPHEA BED delivers products in several shipments, each containing a portion of the Products, any defect in one or more shipments does not entitle the Customer to reject the order as a whole or to cancel any subsequent shipments.

Unless otherwise provided in these General Terms and Conditions of Sale, the risk of loss or damage to the products is transferred to the Customer upon shipment of the Product by MORPHEA BED.

The Customer must inform MORPHEA BED within 14 days of the invoice or order confirmation date if they believe any part of their purchase is missing, incorrect, or damaged. Shipping dates are estimates only.

MORPHEA BED retains ownership of the delivered Products until full payment of the purchase price.

In the event of a delay in delivery of the Products, Customers are asked to inform MORPHEA BED.

If Customers receive the Products after their cancellation request, they must refuse them, mentioning "refused due to cancellation deadline".

MORPHEA BED will then proceed with the refund of the Products and return costs where applicable, at the latest within fourteen (14) days following the date on which the order was cancelled by the Customers.

If the delay in delivery and/or availability is caused by a case of force majeure as defined in Article 14 herein, MORPHEA BED will inform the Customers by email that their cancellation request cannot be granted.

Our delivery options

Standard Delivery - Products < 30 kg - Free
Delivery by DPD in 3 to 5 business days. Suitable for small parcels, accessories, bed linen, etc.

Standard Delivery - Products > 30 kg - Free
Delivery in 5 to 7 working days for standard, bulky or non-premium mattresses.

Premium Delivery - €69
Delivery in 5 to 7 days for mattresses and 3 to 4 weeks for beds. Includes delivery to the room of your choice, mattress installation, removal of your old product and packaging.

Luxury Delivery - €89
Delivery in 5 to 7 days for mattresses and 3 to 4 weeks for beds. Includes delivery to the room of your choice, full assembly, removal of the old product and packaging.

Article 6: Performance of Services

6.1 - Terms and Conditions for the Performance of Services

When subscribed to by Customers at the time of ordering, the Services related to the Products will be performed by MORPHEA BED and/or a service provider of its choice at the place and under the conditions and terms provided for at the time of ordering.

Clients acknowledge that Services not specified and ordered by the Clients remain the sole responsibility of the Clients.

The duration for the completion of the Services is that indicated at the time of the order. This duration is provided for informational purposes only and begins from the commencement of the Services. Furthermore, it may vary depending on the specific challenges of each project.

6.2 - Reception of Services

After completion of the Services, Clients may raise any reservations with MORPHEA BED.

Upon completion of the Services, the Clients and MORPHEA BED will proceed with the provisional and/or final acceptance of the Services. The acceptance process will be conducted jointly, in the presence of both MORPHEA BED and the Clients. An acceptance report will be signed to this effect. Acceptance covers all apparent defects or flaws that were not previously noted by the Clients.

This acceptance must take place within a maximum period of one (1) month after the completion of the Services.

At the end of this period of one (1) month and if the Clients have not responded to the request for receipt, or if the Clients have not raised any objections within this period, the receipt will be deemed to have been acquired at the end of this period.

In the event of a reservation during the acceptance, a final acceptance will be carried out, which must take place no later than three (3) months from the provisional acceptance.

Article 7: Financial Conditions

7.1- Price

The prices of the Products and/or Services are those indicated on the Website, inclusive of VAT in Euros.

Customers acknowledge that they are aware of this when placing their order.

Prices are quoted excluding transport costs, delivery charges, bank charges and any customs fees and duties which remain the responsibility of the Customers.

7.2 - Billing and Payment Terms

Payments will be made by the Customers according to the payment method indicated at the time of the order, and invoices will be sent by email to the Customers after confirmation of delivery.

In the event of any change in the Clients' situation, in particular financial, or any incident or delay in payment, MORPHEA BED will have the right to modify the payment deadlines granted and/or require guarantees.

In the event of non-payment of all or part of the invoice, the entire outstanding balance will become immediately due and payable. In such a case, MORPHEA BED reserves the right to suspend delivery of the Products and/or Services.

Furthermore, failure to pay any sum due by the due date will automatically and without further formality result in the application of late payment interest at a rate of three (3) times the legal interest rate and a fixed compensation of forty (40) euros for recovery costs in accordance with the provisions of Articles L.441-10 and D.441-5 of the French Commercial Code, calculated on the total price including VAT of the Products and/or Services covered by this agreement. Customers acknowledge and accept that no payment by set-off may be made.

7.3 - Access to the Younited credit service

Morphea offers its customers Younited's credit service for the payment of their purchases. This is conditional upon the customer's acceptance of the credit agreement offered by Younited.

Morphea acts as a non-exclusive agent for Younited in banking operations. Morphea assists in the execution of credit transactions without acting as a lender.

Any refusal by Younited to grant credit for an order may result in its cancellation."

Any termination of the terms and conditions that bind the customer and Morphea results in the termination of the credit agreement between Younited and the customer.

The amount is paid by a loan granted by Younited, registered on the REGAFI under number 13156, authorized as a credit institution by the Prudential Control and Resolution Authority (ACPR) - 4 Place de Budapest - CS 92459 - 75436 PARIS CEDEX 09 - www.acpr.banque-france.fr ).

If you wish to make a complaint, please refer to the information provided on the Younited website: https://www.younited-credit.com/media/202352/politique-de-gestion-des-reclamations_site-yc_2023-vf.pdf

 

7.3 - Disputes

Any claim regarding the invoice amount must be submitted by the Client within eight (8) days of the invoice date. After this period, the invoice will be considered accepted.

Furthermore, any claims relating to Products and/or Services that may be made by Customers to MORPHEA BED do not exempt them from paying the amounts due.

 

Article 8: Right of Withdrawal

This article applies only to Consumers.

8.1- Principle

In accordance with Article L.221-18 of the Consumer Code, when a sale is concluded remotely or in a door-to-door sales situation, Consumers have a withdrawal period of fourteen (14) clear days from:

  • from the day of receipt of the Products,
  • order for Services,

to cancel their order without having to provide reasons by applying our general terms and conditions of sale relating to cancellation requests.


However, and in accordance with Article L.221-28 of the Consumer Code, the right of withdrawal is specifically excluded for:

  • Products made to Consumer specifications or clearly personalized;
  • Products which, after delivery, are by their nature inseparably mixed with other items.

8.2 - Exercising the right of withdrawal

Cancellation requests can be made in writing addressed to Morphea SAS – or using the following cancellation form:

MORPHEA BED will send Consumers an acknowledgement of receipt of their withdrawal request.

Sample Withdrawal Form

A: Morphea SAS

Email address: sav@morpheabed.com

I/We(*) hereby give notice that I/we(*) cancel my/our (*) contract for the sale of the following goods(*)/contract for the provision of the following service(*),

Ordered on (*) / Received on (*)

Name of the consumer(s),

Address of the consumer(s),

Consumer signature (only if this form is submitted on paper)

Date

(*) Please delete as appropriate

8.3 - Effects of exercising the right of withdrawal

Products for which the right of withdrawal has been exercised must be returned by Consumers in good condition, complete, and properly protected to Morphea SAS, 33 rue de Prony, 75017 Paris, without undue delay and, in any event, no later than fourteen (14) days following the withdrawal request. Consumers may be held liable for any diminished value of the Product resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the Product.

The direct costs of return and the risks associated with the return will be borne by the Consumer.

MORPHEA BED will refund the cost of products and/or services for which the right of withdrawal has been exercised, and, where applicable, delivery charges, as soon as possible and no later than fourteen (14) days from the date on which the Customer informed MORPHEA BED of their intention to withdraw. For product refunds, the refund date may be postponed until MORPHEA BED receives the returned product or until the Customer provides MORPHEA BED with proof of shipment, whichever occurs first.

The refund will be made using the same payment method as that chosen by the Consumer when placing their order, unless the Consumer expressly agrees to another payment method being used.

Article 9: Intellectual Property

The sale of Products and/or Services does not entail any transfer of MORPHEA BED's intellectual property rights relating thereto to the Clients. Therefore, MORPHEA BED retains ownership of all intellectual property rights to the Products and/or the provision of Services.

Customers agree, in particular, not to directly or indirectly infringe upon MORPHEA BED's intellectual property rights in the Products and/or Services. Specifically, and unless expressly agreed otherwise between the Parties, Customers agree not to alter and/or remove any MORPHEA BED trademark appearing on the Products or to add any trademark other than that affixed by MORPHEA BED.

 

Article 10: Personal Data

In accordance with French Law No. 78-17 of 6 January 1978, as amended, concerning information technology, data files and civil liberties (known as the "Data Protection Act"), and Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, Customers acknowledge that MORPHEA BED may collect their personal data when they place an order. This data is collected for the purposes of processing the order.

In this context, MORPHEA BED may process information provided by Clients (hereinafter referred to as " Data "). Therefore, Clients authorize MORPHEA BED to process this Data.

Clients are solely responsible for the quality, legality, and relevance of the Data provided under this agreement. Consequently, MORPHEA BED disclaims all liability in the event of non-compliance of the Data and/or content with laws and regulations, public order, or the Clients' needs.

For more details on how we use cookies, the type of information we collect, how and for what purpose we use Customer information, and under what circumstances we disclose information, please see the Website's Privacy Policy.

Please note that our privacy policy is subject to change. Customers are advised to review the privacy policy available on the website before each order.

 

Article 11: Retention of Title Clause - Transfer of Risk

MORPHEA BED RESERVES OWNERSHIP OF THE DELIVERED PRODUCTS UNTIL FULL PAYMENT OF THE PRICE, INCLUDING PRINCIPAL, INTEREST AND CHARGES, IS RECEIVED UNDER THE CONDITIONS PROVIDED FOR IN ARTICLES 2367 ET SEQ. OF THE CIVIL CODE.

FAILURE TO PAY ANY INSTALLMENT OR PART OF THE PRICE MAY RESULT IN THE RECLAIMING OF THE PRODUCTS SOLD WITHOUT THE NEED FOR ANY PRIOR NOTICE.

Customers are prohibited from disposing of products they have not fully paid for, for the purpose of reselling or transforming them.

 

However, in the event of resale, MORPHEA BED may exercise a right of pursuit by claiming the debt directly from the end customer.

The above provisions do not preclude, from the moment the products are made available, the transfer to the customers of all risks, including but not limited to the risks of loss and/or damage to the products sold, as well as any damage they may cause. Unless they are willing to assume their own liability, customers undertake to inform Morphea Bed immediately of any seizure of the products or any event preventing them from having full access to the products (theft, damage, third-party intervention, etc.).

 

Article 12: Guarantees – Responsibilities

12.1- Guarantees

The following provisions apply to Consumers.

French law grants you, as a consumer, the following guarantees and rights.

MORPHEA BED therefore offers you the protection granted by law under the guarantee of conformity provided for in articles L. 217-4 to L. 217-20 of the Consumer Code and the guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code.

Guarantee of conformity

The Consumer Code provides the following rights for consumers:

Pursuant to Article L. 217-4 of the French Consumer Code, the seller is obligated to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter is stipulated in the contract or was carried out under the seller's supervision.

In accordance with Article L. 217-5 of the Consumer Code, in order to conform to the contract, the product must:

1. be suitable for the generally intended use of this product and, if necessary, to:

o To correspond to the description given by the seller and to possess the qualities that the latter presented to the buyer in the form of a sample or model;

o To present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular through advertising or labelling;

2. Either present the characteristics defined by mutual agreement between the parties or be suitable for any special purpose sought by the buyer, brought to the seller's attention no later than the time of conclusion of the contract and which the latter has accepted.

Pursuant to Article L. 217-8 of the French Consumer Code, the buyer has the right to demand that the product conform to the contract. However, they cannot contest conformity by invoking a defect that they already knew of or could not have been unaware of at the time the contract was concluded. The same applies when the defect originates from materials that they themselves supplied.

In accordance with Article L. 217-12 of the Consumer Code, the action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.

In the event of a defect, the Consumer has the right to request that the seller repair or replace the goods, in accordance with Article L. 217-9 of the French Consumer Code. However, the seller may choose not to comply with the consumer's choice if that choice entails a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the seriousness of the defect.

If repair or replacement of the goods is not possible, the consumer may choose between a price reduction of an appropriate amount, or termination of the contract, in accordance with Article L. 217-10 of the Consumer Code.

During the 24-month period following delivery of the goods, the consumer will not be required to prove the existence of the defect.

Warranty against hidden defects

The Consumer may also exercise the warranty against hidden defects as defined in Article 1641 of the Civil Code.

In accordance with Article 1641 of the Civil Code, the seller is bound by the warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them.

In this case, the consumer can choose between cancelling the sale or requesting a price reduction in accordance with Article 1644 of the Civil Code.

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

In any event, MORPHEA BED's warranty is limited to the repair or free replacement, in the same quantities, of Products recognized as defective or faulty by MORPHEA BED, or to a refund through the issuance of a credit note, excluding any other claim, compensation, or damages, and provided that Consumers notify MORPHEA BED of the defect immediately upon its discovery, by any written means, during the warranty period specified in this article. Defective or faulty Products must be returned to MORPHEA BED following the same procedure as that applicable to non-conforming Products under the conditions set forth in Article 5 of the General Terms and Conditions of Sale.

The following provisions apply to all Clients.

Subject to any mandatory legal provisions, MORPHEA BED does not contract any particular or specific guarantee for its Products and/or Services and its obligations are limited to the sale and delivery of Products and/or Services conforming to the requirements of the applicable standards in force, excluding any implementation, which remains the sole responsibility of the Clients.

Specifically excluded from the warranties provided by MORPHEA BED are :

  • any guarantee as to the suitability of the Products for the Customer's needs and/or the use of the Products;
  • the defectiveness of the Products and/or damage which would result from a lack of monitoring of the Products and in general from any handling of the Products not in accordance with the instructions of MORPHEA BED and/or from non-compliance with applicable standards;
  • the defectiveness of the Products which would originate from a cause external to MORPHEA BED;
  • damages resulting from a case of force majeure, or resulting from fortuitous events or attributable to natural causes;
  • abnormal use of the Products or use in conditions unsuitable for their intended purpose;
  • damage resulting from storage and/or preservation conditions not in accordance with MORPHEA BED's requirements and/or the nature of the Products;
  • an installation of the Products included or not in the Services that is unsuitable for the needs or expectations of the Client.

MORPHEA BED does not guarantee in any way any indirect and/or intangible damages whatsoever which may be caused by the Products and/or Services, including any lost profits, loss of business, commercial or financial loss, loss of turnover and/or profit or anticipated savings, loss of customers, loss of opportunity, damage to image, increase in overhead costs and/or other costs.

The ordered Services will be performed by MORPHEA BED or by a service provider acting on its behalf.

MORPHEA BED guarantees Clients against any non-conformity of the Services with the order and any hidden defect arising from a design or execution defect in the Services provided and rendering them unfit for the use for which they were intended, excluding any negligence or fault on the part of the Clients in accordance with applicable legal provisions.

MORPHEA BED's liability for the performance of the Services excludes all damages related to indirect and/or intangible losses and/or any damages resulting in particular from any lost profits, loss of business, commercial or financial loss, loss of turnover and/or profit or anticipated savings, loss of customers, loss of opportunity, damage to image, increase in overhead costs and/or other costs, which may arise.


In any event, MORPHEA BED's liability is limited to the amount excluding tax paid by the Clients for the provision of the Services.

 

12.2 - Responsibilities

MORPHEA BED cannot be held liable for damage or accidents resulting from negligence, lack of supervision or maintenance, incidents due to unforeseen circumstances or force majeure, or attributable to natural causes.

Furthermore, MORPHEA BED shall under no circumstances be held liable for indirect, intangible, and/or unforeseeable damages suffered by Clients or third parties, and/or in particular for any lost profits, loss of business, commercial or financial loss, loss of revenue and/or profit or anticipated savings, loss of customers, loss of opportunity, damage to reputation, increased overhead costs and/or other costs, which may arise from the execution of an order. Any action brought by a third party against Clients shall be considered indirect damage and, consequently, shall not give rise to compensation.

Assuming that MORPHEA BED's liability is established, it will in any event be limited to the amount of the price of the Products and/or Services actually paid by the Customers for their order.

The customers are solely responsible:

  • of the use of the Products supplied by MORPHEA BED and their suitability for their intended purpose;
  • to ensure good storage conditions for the Products, to avoid defective use of the Products, use other than that for which they were validated or use not in accordance with best practices.

 

Article 13: Termination

In the event of a breach by the Clients of any of their obligations, MORPHEA BED reserves the right - at its sole discretion - either to suspend the Services and/or the deliveries of the Products upon simple notice sent by registered letter with acknowledgment of receipt, or to terminate the order at the exclusive fault of the Client, by registered letter with acknowledgment of receipt in the event of a formal notice sent by registered letter with acknowledgment of receipt which has remained unsuccessful for a period of fifteen (15) days from its receipt.

The termination will be notified by sending a registered letter and will take effect from its first date of presentation, the postmark being proof thereof, without prejudice to the other rights of MORPHEA BED under the General Terms and Conditions of Sale and to the damages due for the losses suffered by the creditor of the obligation which MORPHEA BED reserves the right to claim.

In the event of termination, for whatever reason, all sums owed to MORPHEA BED will become immediately payable.

Article 14: Force majeure

In the event of non-performance of one of the obligations provided for in the sales contract, the party unable to perform its obligation shall not be considered in default nor liable for compensation, if the performance of the obligation was rendered impossible by a case of force majeure.

Force majeure refers to an event as defined in Article 1218 of the French Civil Code. If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is permanent, the contract is automatically terminated and the parties are released from their obligations.

Article 15: General Information

15.1- Independence of the Parties

The Parties are independent both legally and financially, and the conclusion of an order cannot in any way be considered as an act constituting a relationship of agency, a franchise agreement and/or any legal entity whatsoever.

15.2-Transferability

This agreement is entered into intuitu personae, based on the Client's identity. Consequently, the Client is expressly prohibited from assigning or otherwise transferring, in any way whatsoever, all or part of the rights and obligations arising from this agreement without the express prior consent of MORPHEA BED.

15.3-Partial invalidity

If one or more of the provisions of the General Terms and Conditions of Sale are held to be invalid or declared as such pursuant to a law, regulation, or final decision of a competent court, the other provisions shall remain in full force and effect.

15.4-Waiver

The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver of that provision. Any waiver shall be effective only upon amendment duly accepted by a duly authorized representative of each Party.

15.5 - Notifications

Any notification under this agreement shall be made by registered letter with acknowledgment of receipt to the Client's address as defined on the order and to MORPHEA BED's address as defined in the General Terms and Conditions of Sale.

15.6- Unforeseen Circumstances

The Parties agree that if the data on which an order is based are modified to such an extent that one or the other Party encounters serious and unforeseen difficulties, they shall consult each other and show mutual understanding in order to make the adjustments that may appear necessary as a result of circumstances that were not reasonably foreseeable at the date of the order, so that the conditions for a fair agreement may be restored.

 

15.7- Language

The General Terms and Conditions of Sale are written in French. If a translation is made, only the French version shall have contractual value.

15.8 – Modifications

MORPHEA BED reserves the right to modify these General Terms and Conditions of Sale at any time. If MORPHEA BED makes such modifications, MORPHEA BED will publish the modified General Terms and Conditions of Sale on the Website, along with the date of the modification. Any changes will only apply to new orders for Products and/or Services from the date of modification and in no case to previous orders.

Article 16: Mediation

In accordance with the applicable provisions of the Consumer Code relating to the "alternative dispute resolution process for consumers", provided for by articles L. 611-1 et seq., MORPHEA BED offers consumers effective access to this alternative dispute resolution method.

The proposed alternative dispute resolution entity is the Association of European Consumer Mediators. If MORPHEA BED cannot resolve a dispute using its internal complaints handling procedure, or if the consumer is not satisfied with the solution provided by the internal complaints handling service and their complaint is less than one year old, the consumer may submit their complaint to the Association of European Consumer Mediators by:

  • mail to the following address: 11 place Dauphine in Paris (75001).
  • electronically directly on the website available at the following address: mediationconso-ame.com .

In all cases, MORPHEA BED:

  • will inform the consumer that we cannot find a solution to the dispute, and
  • In this case, it will provide Consumers with the information required by the Online Dispute Resolution (ODR) Act, including the contact details of the mediator, as indicated above.

If you would like more information, the European Commission provides an online dispute resolution platform at http://ec.europa.eu/consumers/odr. This online platform serves as a central point of contact for consumers who have purchased goods or services online and subsequently encounter problems with their purchase. It simplifies the out-of-court settlement of disputes arising from contractual obligations in online purchase contracts.

To this end, the ODR platform transfers disputes to so-called online dispute resolution bodies (OLR entities), which are included in the national lists of ODR entities and which meet the quality requirements of the ODR regulation.

Article 17: Applicable Law - Jurisdiction

Sales made between MORPHEA BED and the Customer under the General Terms and Conditions of Sale are subject to French law.

 

When a problem arises, the Customer must first contact MORPHEA BED's customer service department by mail addressed to Morphea Sas, 33 rue de Prony, 75017 Paris, or by email to the following address: contact@morpheabed.com