GENERAL CONDITIONS OF SALE

APPLICABLE TO CUSTOMERS AS OF 12/21/2022

THESE 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 THE RESTRICTIONS AND LIMITATIONS THAT APPLY TO YOUR PURCHASES.

This site is available at https://www.morpheabed.com (this "Site") 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:

• Mattress
• Pillows
• Cotton duvets
• Bed linen
• Storage beds
• Beds with box springs

Article 1: Definitions

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

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

Article 2: Purpose – enforceability

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

Consequently, any contrary clause is unenforceable. Any other document such as notices, prospectuses, catalogs, documentation emanating from MORPHEA BED is given for information purposes only and has only an indicative value.

2.2- Customers acknowledge having read the General Conditions when placing an order.

Any online order for Products and/or Services implies having previously checked the box "I acknowledge that I have read and accept the general conditions of SALE". The order from the Customers constitutes their unreserved and express acceptance of the General Conditions of Sale.

 

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

MORPHEA BED reserves the right to modify the General Terms and Conditions of Sale at any time and without notice. If applicable, the modified General Terms and Conditions of Sale relating to a current purchase will be subject to acceptance by the Customer.

 

Article 3: Offers

3.1- Representation of Products and/or Services - The Products and Services offered by MORPHEA BED are those appearing on the Website on the day of the order. The information relating to the Products and/or Services, of whatever nature, provided by MORPHEA BED and visible through its Website, is provided for information purposes only.

MORPHEA BED makes every effort to ensure that the graphic representation of the Products and/or Services is as faithful as possible to the Products and/or Services. However, it is possible that the Customer's perception of the photographic representation may not correspond exactly to reality. In this case, MORPHEA BED cannot be held liable, as said 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 Customer 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 before having expressly accepted the order (as described below).

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

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

3.3- Territory - Unless otherwise indicated, offers on Products and/or Services are valid for the entire European Union.

Article 4: Order process

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

Any order implies the Customer's full and complete acceptance of the General 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 navigation on the Website, they can confirm their order by clicking on "Payment".

When the Customer submits an order by clicking on the "Proceed to Payment" button, he/she indicates his/her acceptance of the purchase of the Products and/or Services present in his/her basket on the basis of these General Terms and Conditions of Sale. For Professionals, this order is subject to subsequent confirmation by MORPHEA BED.

 

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

Upon acceptance, MORPHEA BED may retain orders received, acknowledgments of receipt, and other contractual documents for a reasonable period. MORPHEA BED may 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 Customer's solvency before carrying out the delivery.

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

Invoices will be emailed in PDF format to the email address provided when ordering. MORPHEA BED may invoice parts of the order separately.

For Professionals: MORPHEA BED is not responsible for pricing, 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 Customers except in the event of the occurrence of any event subsequent to its conclusion preventing its execution under normal conditions, in particular in the event of changes to the 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 Conditions of Sale.

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

Mattresses : Returns must be made within 100 days of receiving your order for mattresses. Items must be packaged very carefully, otherwise you may incur additional fees if the package is damaged during shipping. The return shipping fee is €70, which will be deducted from your refund.

Mattress toppers : You have 30 days from the date of receipt to request a return. The return fee is €50, which will be deducted from your refund.

Pillows, duvets, and bed linen : can only be returned if the item is unused and still in its original packaging. The return shipping fee is €30, which will be deducted from your refund.

Return request

Contact our customer service team at sav@morpheabed.com to initiate 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 employee will contact you ( by email or WhatsApp ) to arrange a collection appointment. We ask you to carefully package your mattress; costs may also be incurred if we receive the mattress in a more defective condition.
3- As soon as our warehouse receives your goods, we will refund your order, taking into account the return costs of 50 euros (in accordance with our T&Cs).
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 MORPHEA BED's emails or call attempts within 7 days of the initial return request, a new return request will be subject to re-invoicing in accordance with the above-mentioned fees.

4.7 Withdrawal of delivery: We would like to remind you that any cancellation of an order after it has been shipped will result in a fee of 50 euros.
To avoid these charges, we invite you to contact us before shipping your order.

Article 5: Delivery of Products

MORPHEA BED only delivers to the European Union.

Delivery times/dates provided on the Website, appearing on an order acknowledgment, acceptance or elsewhere are estimates only and are not binding. MORPHEA BED endeavors to meet such delivery times or dates, however MORPHEA BED does not undertake to ship the products and/or commence services on any particular date(s) and will not be liable for any delay or failure to do so.

Delivery will be made to a valid address that the Customer has provided and indicated in the order ("Delivery Address"). The Customer must check the delivery address on any acknowledgment provided by MORPHEA BED and inform MORPHEA BED without delay of any error or omission.

MORPHEA BED reserves the right to charge any reasonable additional costs that MORPHEA BED incurs due to changes that 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 Conditions of Sale, all risks of loss or damage to the Products will be transferred to the Customer, without prejudice to any other right or remedy 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 will store the Products at the Customer's own risk.

When MORPHEA BED delivers products in several shipments, each comprising 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 shipment.

Unless otherwise provided in these General 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 notify MORPHEA BED within 21 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 reserves ownership of the Products delivered until full payment of the purchase price.

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

Furthermore, in the event of a delay in delivery of the Products compared to the indicated time:

• if the delivery time constituted for the Customers at the time of placing the order an essential condition of the sale resulting from the circumstances surrounding it or an express request from the Customers before the conclusion of the order, it may then terminate it;
• in other cases, Customers may order MORPHEA BED to comply within a reasonable time by sending their request on a durable medium and in particular by registered letter with acknowledgment of receipt sent to the following address: sav@morpheabed.com

If MORPHEA BED has still not delivered the Products at the end of the reasonable period granted by the Customers, the Customers have the option of informing MORPHEA BED (according to the same procedures as those implemented to grant the reasonable period) of their wish to cancel the order.

The order will then be considered cancelled upon receipt by MORPHEA BED of the letter or document informing it of this resolution, unless MORPHEA BED has carried out its obligations in the meantime.

If Customers receive the Products after their cancellation request, they must refuse them by stating “refused due to cancellation deadline”.

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

If the delay in delivery and/or availability is caused by a case of force majeure within the meaning of Article 14 hereof, MORPHEA BED will inform Customers by electronic message that their cancellation request cannot be granted.

Article 6: Execution of Services

6.1- Terms of execution of the Services

When subscribed to by Customers at the time of ordering, the Services linked 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.

Customers acknowledge that Services which are not specified and ordered by Customers remain the sole responsibility of Customers.

The duration of the Services is that indicated at the time of the order. This duration is given for informational purposes only and is understood to be from the start of the Services. Furthermore, it is likely to vary depending on the difficulties specific to each project.

6.2- Receipt of Services

After completion of the Services, Customers may express any reservations to MORPHEA BED.

Upon completion of the Services, the Clients and MORPHEA BED will proceed with the provisional and/or final acceptance of the Services. Acceptance operations will be carried out in a contradictory manner, in the presence of MORPHEA BED and the Clients. A acceptance report will be signed in this regard. Acceptance covers all defects or apparent defects that have not been the subject of reservations by the Clients.

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

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

In the event of reservations upon receipt, final acceptance will be carried out, which must take place at the latest within three (3) months from provisional acceptance.

Article 7: Financial conditions

7.1- Price

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

Customers declare that they are aware of this when ordering.

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

7.2- Billing and payment conditions

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

In the event of a change in the Customers' situation in any respect, particularly financial, or of an incident or late payment, MORPHEA BED will have the right to modify the payment deadlines granted and/or to require guarantees.

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

In addition, failure to pay any of the amounts due on time will automatically and without any formality result in the application of late payment interest at the 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 amount including tax of the price of the Products and/or Services covered by this document. The Customers acknowledge and accept that no payment by compensation may be made.

7.3- Access to the Younited credit service

Morphea offers its customers Younited's credit service for the settlement of their purchases and payment execution. This is subject to the customer's acceptance of the credit agreement offered by Younited.

Morphea acts as Younited's non-exclusive banking agent. Morphea assists in carrying out 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 General Terms and Conditions which bind the customer and Morphea results in the termination of the credit agreement between Younited and the customer.

The amount is paid by a credit granted by Younited registered on REGAFI under number 13156, approved 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 possible claim regarding the amount of the invoice must be made by the Customers within a maximum period of eight (8) days following the date of invoicing of the invoice concerned. After this period, the invoice will be considered accepted.

Furthermore, any complaints relating to the 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 is applicable only to Consumers.

8.1- Principle

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

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

to cancel their order without having to provide reasons or pay penalties.

On the other hand, and in accordance with article L.221-28 of the Consumer Code, the withdrawal period is notably excluded for:

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

8.2- Exercise of the right of withdrawal

Requests for withdrawal can be made on plain paper addressed to Morphea SAS – or using the following withdrawal form:

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

Model 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 supply 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 notified on paper) Date (*) Please delete the unnecessary entries

8.3- Effects of exercising the right of withdrawal

The 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 request for withdrawal. In the event of depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product, the Consumers may be held liable.

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

MORPHEA BED will reimburse the products and/or services for which the right of withdrawal has been exercised and, where applicable, the delivery costs as soon as possible and at the latest within fourteen (14) days following the date on which it was informed by the Customer of the wish to withdraw. Regarding the reimbursement of the Products, the reimbursement date may be postponed until the Product is recovered by MORPHEA BED or until the Consumer has provided MORPHEA BED with proof of shipment of the Product, the date retained being that of the first of these facts.

The refund will be made using the same payment method as that chosen by the Consumer when ordering, unless the Consumer expressly agrees to use another payment method.

Article 9: Intellectual Property

The sale of the Products and/or Services does not entail any transfer of MORPHEA BED's intellectual property rights relating thereto to Customers. Consequently, MORPHEA BED remains the owner of all intellectual property rights to the Products and/or the performance of the Services.

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

 

Article 10: Personal data

In accordance with Law No. 78-17 of 6 January 1978, as amended, relating to information technology, files and freedoms, known as the " Information Technology and Freedoms " law, and Regulation (EU) 2016/679 on the protection of individuals with regard to the processing of personal data and the free movement of such data, Customers acknowledge that MORPHEA BED may collect personal data from Customers when they place an order. This collection is carried out for the purposes of the order.

In this context, MORPHEA BED may be required to process information that Customers provide to it (hereinafter the “ Data ”). Customers therefore authorize MORPHEA BED to process this Data.

Customers are solely responsible for the quality, legality, and relevance of the Data communicated hereunder. 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 needs of Customers.

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 Privacy Policy.

Please note that our privacy policy is subject to change. The Customer is advised to review the privacy policy available on the Website before placing an order.

 

Article 11: Retention of title clause - Transfer of risks

MORPHEA BED RESERVES OWNERSHIP OF THE PRODUCTS DELIVERED UNTIL ACTUAL PAYMENT OF THE ENTIRE PRICE IN PRINCIPAL, INTEREST AND ACCESSORIES UNDER THE CONDITIONS PROVIDED FOR IN ARTICLES 2367 ET SEQ OF THE CIVIL CODE.

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

CUSTOMERS are prohibited from disposing of PRODUCTS that they have not fully paid for in order to resell or transform them.

 

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

THE ABOVE PROVISIONS DO NOT PREVENT, FROM THE TIME THE PRODUCTS ARE MADE AVAILABLE, THE TRANSFER TO CUSTOMERS OF ALL RISKS, IN PARTICULAR RISKS OF LOSS AND/OR DETERIORATION OF THE PRODUCTS SOLD, AS WELL AS ANY DAMAGES THEY MAY CAUSE. UNLESS THEY ARE INVOLVED IN THEIR OWN LIABILITY, CUSTOMERS UNDERTAKE TO IMMEDIATELY INFORM MORPHEA BED OF ANY POSSIBLE SEIZURE OF THE PRODUCTS OR OF ANY EVENT DEPRIVING THEM FROM HAVING FULL DISPOSAL OF THE PRODUCTS (THEFT, DAMAGE, INTERVENTION BY A THIRD PARTY, 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 by Articles L. 217-4 to L. 217-20 of the Consumer Code and the guarantee of hidden defects provided for by 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 required to deliver goods that comply with the contract and is liable for any lack of conformity that exists upon delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this is provided for in the contract or has been carried out under the seller's responsibility. In accordance with Article L. 217-5 of the Consumer Code, to comply with the contract, the product must: 1. be suitable for the generally expected use of this product and, if necessary, to: o Correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model; o 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 labeling; 2. Either present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller at the latest at 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 is entitled to demand that the product conforms to the contract. However, he cannot contest its conformity by invoking a defect that he already knew about or could not have been unaware of when the contract was concluded. The same applies when the defect comes from materials that he himself supplied. In accordance with Article L. 217-12 of the Consumer Code, the action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. In the event of a defect, the Consumer has the right to request the seller to repair or replace the goods, in accordance with Article L. 217-9 of the Consumer Code. The seller may, however, choose not to proceed in accordance with the consumer's choice if this choice entails a cost that is manifestly 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 period of 24 months following delivery of the goods, the consumer will not be required to prove the existence of the defect. Guarantee of hidden defects The Consumer may also exercise the guarantee of 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 guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, 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 of the discovery of the defect.

In any event, MORPHEA BED's warranty is limited to the repair or replacement free of charge, in the same quantities, of Products recognized as defective or defective by MORPHEA BED or to reimbursement by issuing a credit note to the exclusion of any other claim, compensation or damages and provided that Consumers notify MORPHEA BED of the defect immediately after its discovery, by any written means during the warranty period referred to in this article. Defective or defective Products will be returned to MORPHEA BED according to the same procedure as that applicable to non-compliant Products under the conditions provided for in article 5 of the General Conditions of Sale.

The following provisions apply to all Customers.

Subject to any legal provision of public order, 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 in compliance with the requirements of the standards in force applicable in this area, to the exclusion of any implementation, which remains the sole responsibility of the Customers.

The following are notably excluded from the guarantees provided by MORPHEA BED :

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

MORPHEA BED does not guarantee in any way any indirect and/or immaterial damages whatsoever which could be caused by the Products and/or Services, in particular any lost profits, operating losses, commercial or financial losses, loss of turnover and/or profit or expected savings, loss of customers, loss of opportunity, damage to image, increase in overheads and/or other costs.

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

MORPHEA BED guarantees Customers against any lack of conformity of the Services with the order and any hidden defect, arising from a design or production fault of the Services provided and making them unfit for the use for which they were intended, to the exclusion of any negligence or fault of the Customers in accordance with the legal provisions in force.

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

In any event, MORPHEA BED's liability is limited to the amount excluding tax paid by Customers 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 resulting from fortuitous events or force majeure, or attributable to natural causes.

Furthermore, MORPHEA BED shall not be held liable under any circumstances for indirect and/or immaterial and/or unforeseeable damages suffered by Customers or third parties, and/or in particular for any lost profits, operating losses, commercial or financial losses, loss of turnover and/or profit or anticipated savings, loss of customers, loss of opportunity, damage to image, increase in overheads and/or other costs, which may arise as a result of the execution of an order. In particular, any action brought by a third party against Customers shall be deemed to be indirect damages and, consequently, shall not give rise to compensation.

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

Customers are solely responsible for:

• 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 the rules of the art.

 

Article 13: Termination

In the event of failure by Customers to meet one of their obligations, MORPHEA BED reserves the right - at its sole discretion - either to suspend the Services and/or deliveries of the Products upon simple notice sent by registered letter with acknowledgement of receipt, or to terminate the order at the exclusive fault of the Customer, by registered letter with acknowledgement of receipt in the event of formal notice sent by registered letter with acknowledgement of receipt remaining unsuccessful for a period of fifteen (15) days from its receipt.

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 Conditions of Sale and the damages owed for the losses suffered by the creditor of the obligation that MORPHEA BED reserves the right to claim.

In the event of termination, whatever the reason, all sums owed to MORPHEA BED will be immediately due.

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 will not be considered in default or liable for compensation, if the performance of the obligation has been made impossible by a case of force majeure.

Force majeure means the event as defined in Article 1218 of the Civil Code. If the impediment is temporary, the 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

15.1- Independence of the Parties

The Parties are independent both legally and financially, and the conclusion of an order cannot under any circumstances be considered as an act constituting a mandate relationship, a franchise concession and/or any legal entity.

15.2-Transferability

These presents are concluded intuitu personae, by reason of the person of the Client. Consequently, the Client formally prohibits itself from assigning or otherwise transferring in any way whatsoever, all or part of the rights and obligations arising from these presents without the express and prior consent of MORPHEA BED.

15.3-Partial invalidity

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

15.4-Waiver

The fact that one of the Parties does not avail itself of any of the provisions of this Agreement shall not subsequently be interpreted as a waiver of the provision in question. Any waiver shall only be effective in the event of a modification duly accepted by a duly authorized representative of each of the Parties.

15.5- Notifications

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

15.6- Unforeseen circumstances

The Parties agree that in the event that the data on which an order is based are modified to such an extent that one or other of the Parties encounters serious and unforeseeable difficulties, they will consult each other and must demonstrate mutual understanding with a view to making the adjustments which appear necessary following circumstances which were not reasonably foreseeable at the date of the order, in order to re-establish the conditions of a fair agreement.

 

15.7- Language

The General Terms and Conditions of Sale are written in French. If a translation is made, only the French version will 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 under no circumstances 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 in 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. In the event that MORPHEA BED cannot resolve a dispute using its internal complaints handling procedure or in the event that 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 address 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 any case, MORPHEA BED:

• will inform the consumer that we cannot find a solution to the dispute, and
• Will provide Consumers, in this case, 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 experience 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 (ODR 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 - Attribution of jurisdiction

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

 

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