These General Terms and Conditions of Sale (hereinafter the “Contract”) are those of the company FORMES UTILES SAS registered in the Lyon Trade and Companies Register under number 847 966 843, having its registered office at 20, rue Marcel Dutartre, 69100 Villeurbanne, represented by Mr. Fabrice Murawka (hereinafter the “Seller”).

The Seller sells mainly second-hand furniture items, whether restored or not, decorative items, antiques and works of art (hereinafter the "Articles").

Phone: +33 6 74 06 06 38


This Contract applies to sales made on the Website https://formesutiles.com/ (hereinafter the "Website") between the Seller and any natural or legal person registered on the Website so as to buy articles (hereinafter the “Customer”).

Only this Contract, possibly accompanied by special conditions brought to the attention of the Customer, governs the contractual relationship between the Seller and the Customer (hereinafter together the "Parties"), to the exclusion of any other document.

Any order placed by a Customer on the Website implies full and unreserved acceptance of this Contract.



Each term beginning with a capital letter and used in both the singular and plural in this contract and any appendices shall have the meaning indicated in its definition given in this article, identical terms used without capital letters being considered in their current meaning.

"Article" means any item of furniture, mainly second-hand, restored or not, decorative object, antique, work of art offered for sale by the Seller on the Website.

"Order" means any order for an Article placed by a Customer on the Website and subject to this Contract.

"Customer" means any customer, whether a natural or a legal person, professional or not, registered on the Website to purchase Products. 

"Account" means the personalized account created on the Website by a Customer at the time of registration, accessible by means of his Identifiers, and allowing him to place Orders.

"Special Conditions" means any special contractual conditions applicable to the sale of an Article brought to the attention of the Customer by the Seller on the corresponding Sales Space and subject to their acceptance.

"Sales Space" means, on the Website, the space on which the Customer can access information relating to an Article and place an Order.

"Login Details" means the username and password chosen by the Customer to access his Account. The Login Details must be kept confidential by the Customer.

"Website" refers to the online sales Website https://formesutiles.com/ owned by the Seller and on which the Customer can create an Account and purchase Articles.

"Seller" means the company Formes Utiles as identified in the preamble.



The Seller communicates to the Customer in a legible and clear manner on the Website, for each Article it offers, the following information:

This information appears on the Sales Space, on each description sheet specific to an Article.

The Customer is expressly informed that certain Orders, because of the place of delivery (outside metropolitan France) and/or the specific characteristics of the Article, will result in the establishment of a personalized delivery estimate. In this case, the Customer will only be informed of the costs and delivery times as from the communication of the estimate by the Seller by e-mail.

The description of the Articles includes the dimensions of the said Articles. The Customer is invited to check these dimensions before placing the Order. the seller cannot be held responsible nor held to exchange or refund the article if the latter cannot be installed at the customer's premises due to its dimensions.

The Customer may contact the Seller via the Website or by e-mail at the address indicated at the top of this Contract to request any additional information on the Articles.

The Seller undertakes to respond in writing to the Customer's written requests according to the deadlines and procedures described in the article "Customer Service - Claim".

Before placing an Order, the Customer acknowledges having read all of the written information appearing on the Sales Space.

Consequently, only the written information provided by the Seller in the Sales Space detailing the Articles and any related services shall be taken into account by the Customer.

The Customer undertakes to provide accurate and complete information concerning itself or any third party on whose behalf the Customer places the Order, in particular the data necessary for its identification.



3.1. Second-hand Articles

The Customer is expressly informed that most of the Articles offered on the Website are second-hand goods which by their nature may contain defects.

The Customer therefore expressly acknowledges that none of the guarantees provided for in Article 10 may be implemented if he was aware of the defect at the time of the Order, and in particular if the Seller had brought the defect to his attention via the description of the Article or by any other means.

The Customer also acknowledges that it is fully aware that the Articles offered by the Seller, which are often several decades old, cannot of course comply with the standards currently in force (electrical standards in particular). Also, the Seller shall not be held liable for the non-compliance of the Articles concerned with the technical regulations in force nor for any safety defect that may result therefrom, in accordance with Article L. 121-1-1 of the French Consumer Code.

The Seller endeavours to describe and represent, in particular by means of photographs, the second-hand Articles in the most reliable and faithful manner, without however being able to guarantee the exhaustiveness of the descriptions and representations, and in particular the accuracy of the colour rendering. This is hereby expressly acknowledged and accepted by the Customer.

The Customer is in any event invited to contact the Seller to obtain additional information on the Articles at the e-mail address indicated at the top of this Contract.

3.2. Availability

The Order of an Article is possible within the limits of the stocks available at the Seller. 

The availability of an Article offered by the Seller is displayed on its description sheet that can be consulted in the Sales Space. The Seller makes its best efforts to ensure that the availability displayed is consistent with reality.

The Seller draws the Customer's attention to the fact that Articles offered on the Website and ordered by the Customer may prove to be unavailable (for example: concurrent sale to another Customer on the Website, or sale made prior to the Customer's Order outside the Website).

In this case, the Seller will contact the Customer to find out whether the Customer wishes to:


4.1. Articles prices

The prices of the Articles are those in force on the day of the Order. They are indicated on the Sales Space in euros and include all applicable taxes (VAT and any other taxes that may be applicable).

The Order of an Article may include costs, in particular delivery costs, which will be recapitulated, if applicable, at the time of placing the Order and in the Order confirmation e-mail sent to the Customer.

For certain Articles, indicated on the Website, which are bulky or heavy and whose delivery is outside mainland France, the packaging and transport costs will be the subject of a personalized estimate, which will be sent to the Customer by e-mail following the confirmation of the Order on the Website.

The prices include possible reductions, rebates and discounts that may be granted by the Seller.

The prices are firm and cannot be revised by the Seller during the Order process. The Order process extends from the addition of an Article to the shopping cart to the payment of the Order.

In the event of an Order for an Article to be delivered to a territory outside the European Union, the Customer shall pay any taxes in force in its country of residence as well as any customs duties that may apply.

4.2. Error on prices

In the event of a material error between the price displayed on the Sales Space and the actual price charged by the Seller, the Seller may, after confirmation of the Order, contact the Customer to:

In any event, if the material error on the price of an Article makes its price derisory, either Party may claim the cancellation of the relevant Order.



5.1. Website registration

To place an Order, the Customer must be regularly registered on the Website.

The registration on the Website is free and accessible to any Customer provided he is over 18 years old.

To register, the Customer must complete the registration form available on the Website and provide all supporting documents requested to create an Account on the Website.

The Customer agrees that the information he provides on this occasion is accurate, sincere and complete, and to update it on his Account in the event of a change. The Seller specifies that it is particularly essential to provide a valid delivery address and e-mail address as well as a telephone number for the delivery of the Articles.

The Customer who is regularly registered can access his Account using his Login Details. The Login Details are confidential, personal and non-transferable. Also, any action carried out on the Website via the Customer's Account is deemed to have been carried out by the Customer.

The Customer is solely responsible for the confidentiality and security of his Login Details.

The Customer is free to unsubscribe from the Website at any time by email to the address indicated at the top of this Contract. Unsubscribing has no effect on the current Orders and on the obligations of the Parties relating thereto.

5.2. Choice of Articles

To order an Article on the Website, the Customer must:

5.3. Placing an Order

To place an Order on the Website, the Customer must: 

  1. access his shopping cart, accessible from the Sales Space,
  1. validate his Order by clicking on the button provided for this purpose,
  1. connect to his Account:
  1. check the details of his Order that are displayed, especially the Articles included in his shopping cart, their quantity, price, any applicable fees and terms and conditions,
  1. choose his means of payment and possibly fill in additional information related to this means of payment,
  1. check a box certifying his acceptance of this Contract,
  1. confirm his Order by clicking on the button provided for this purpose.
5.4. Order processing

Once the Order has been confirmed, the Customer will receive an e-mail confirming receipt of the Order.

The Order shall only be processed once the Customer has confirmed the Order on the Website, or once the Customer has accepted without reservation the personalized delivery estimate, where necessary, and has paid the full price of the Order and any related costs.

In any event, the Seller reserves the right not to process the Order for any legitimate reason, in particular: 


6.1. Customer payment obligation

The Customer undertakes to pay the full price of any Order placed with the Seller via the Website.

Any failure to pay shall entitle the Seller to claim a contractual breach and shall result in the termination of the Contract, in accordance with the terms and conditions set forth in Article 12 hereof.

6.2. Terms of payment

Unless a payment term or payment schedule is agreed between the Parties, all payments made on the Website are made in cash and by credit card at the time of the Order.

When the Parties have agreed a hand-delivery of the Article, payment may also be made by check, bank transfer, Paypal or cash. In this case, the Seller reserves the right to request a photocopy of the Customer's identity card and/or, if applicable, of the Customer's bank card (front only) for any payment by bank card or check.

6.3. Receipts

Once payment has been made, the Customer will receive a receipt with his name detailing his Order.

The Customer accepts that the receipts will be sent to him in electronic format, by sending an e-mail and/or by making them available on his Account.



The Seller may decide to include on the Sales Space any Special Conditions, which the Customer must accept to place an Order and have the Article delivered.

These Special Conditions supplement this Contract and allow the Seller to add any conditions to the sale of the Article or to bring to the attention of the Customers any specific operating rule.



8.1. Delivery times

The Seller shall deliver the Article within a reasonable delivery time taking into account the preparation and shipment of the Order. This period shall not exceed 30 days from the date of placing the Order or acceptance of the personalized delivery estimate, if any.

Unless otherwise expressly stipulated by the Seller, delivery times shall commence upon the confirmation of the Order on the Web Site by the Customer, or its unreserved acceptance of the personalized delivery estimate, where required, and subject to the acceptance of payment for the Order and any related costs (e.g., receipt of payment, or bank authorization received).

In the absence of any indication or agreement between the Parties as to the date of delivery or performance, the Seller shall deliver the Article without undue delay and no later than thirty days after the conclusion of the Order.

The Seller shall inform the Customer of any delay in delivery and shall notify the Customer of any new delivery date or period via the Website or by e-mail.

8.2. Address et delivery methods

The Articles are delivered to the delivery address indicated by the Customer when placing the Order.

The information provided by the Customer bind him: in the event of an error in the wording of his contact details or incomplete information, the Seller shall not be held responsible for the impossibility of delivering the Article.

The delivery methods and possible costs vary according to the Articles ordered (their weight, dimensions, nature) as well as the choices made at the time of the Order (choice of an offer or a specific delivery method). This information is summarized when the Order is confirmed on the Website or in the personalized delivery estimate, if applicable.

The Seller makes available to the Customer on the Website a section entitled "Deliveries and Returns" detailing the terms and conditions, costs and delivery methods of the Articles.

The Customer is informed that he should not accept the delivery before having checked the contents of the delivery and the condition of the Article. He must refuse the delivery if he finds that the delivery is not in conformity with his Order.

In the event of loss, of reception of nonconforming or damaged Articles, the Customer must imperatively:

Otherwise, the delivery shall be deemed to comply with the Order. In this case, the Seller shall not be held responsible and no claim can be taken over by the latter, without prejudice to the legal guarantees offered to the Customer.

8.3. Transfer of ownership – Transfer of risks

The transfer of ownership of the Article, object of the Order, only takes place once the Customer has paid the price in full.

The transfer of the risks of the Article takes place when the Customer takes physical possession of it and accepts its delivery without reservation. When the Customer is a professional, the transfer of risks takes place when the transporter takes physical possession of the Article.



9.1. conditions of the right of Withdrawal

Except in the case of exclusion of the right of withdrawal under the conditions of article 9.2 below, the Customer shall have a period of 14 days as from the delivery of the Order to exercise his right of withdrawal.

If the right of withdrawal is applicable, the Customer shall return the delivered Articles at his own expense within 14 days following the communication of his decision to retract.

The Articles are returned in their original condition with their possible packaging and accessories allowing their re-marketing. In the event of depreciation of the Article resulting from handling other than that necessary to ensure the conformity of the Article, the Seller reserves the right to only make a partial refund.

The Customer may exercise his right of withdrawal by sending the attached withdrawal form to the Seller by email or by post to the address indicated at the top of this document.

If the Customer exercises the right of withdrawal, the Seller shall refund the Customer the totality of the sums paid within 14 days of the return of the Articles.

The cost of returning the Articles shall be approximately equivalent to the shipping costs indicated in the Order confirmation or in the delivery estimate, if any, subject to the Customer's choice of a similar delivery method.

The Seller will not be required to refund the additional costs if the Customer has expressly chosen a more expensive delivery method than the delivery method used by the Seller to ship the Articles and indicated in the order confirmation or in the delivery estimate.

9.2. Exclusion of the right of withdrawal

In accordance with article L. 221-28 of the French Consumer code, the Customer may not exercise a right of withdrawal for Articles made to the Customer's specifications or customized at his request.

The right of withdrawal is not applicable to a professional Customers unless, in accordance with Article L 121-16-1 of the French Consumer Code, the object of the Sale does not fall within its main field of activity and the number of employees it employs is less than or equal to five.



10.1. Warranty against hidden defects 

The Seller is liable for hidden defects of the Articles under the conditions provided for in articles 1641 and following of the French Civil code. It is reminded that the Customer may, in this case, choose between cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the French Civil code.

The warranty against hidden defects is excluded when the Customer is a professional carrying out an activity in the same specialty as the Seller.

10.2. Legal guarantee of conformity

The Seller is held liable for defects of conformity of the Article under the conditions of articles L. 217-4 and following of the French Consumer code.

It is reminded that within the framework of the legal guarantee of conformity, the Customer:

- has a period of two years from the delivery of the Article to act against the seller,

- may choose between repair or replacement of the Article, subject to the cost conditions provided for in article L. 217-9 of the French Consumer Code.

When repair or replacement is impossible, the Customer may either return the good and have the full price refunded, or keep it and have part of the price refunded, in accordance with the provisions of article L. 217-10 of the French Consumer code.

- The Customer is exempted from providing proof of the existence of non-conformity of the Article.

The Customer is furthermore informed that if it finds a non-conformity on a second-hand Article more than 6 months after its delivery, he must provide proof that this defect existed before the sale.

This legal guarantee of conformity applies independently of any commercial warranty that may have been granted. The Customer may decide to implement the warranty against hidden defects within the meaning of article 1641 of the French Civil code.

The legal guarantee of conformity is not applicable in case of sale of an Article to a professional Customer.

10.3. Application of a guarantee

To benefit from the legal guarantee of conformity or the warranty against hidden defects, the Customer must contact the Seller via the Website or via the e-mail address indicated at the top of this Contract.

In order to optimize the processing of requests, the Customer is requested to indicate in its request its first and last names, the e-mail address with which the Order was placed, the number of the Order concerned and the references that identify the relevant Article.

In the context of the implementation of these guarantees, the conditions of acceptance of the Article may vary according to the agreements concluded between the Seller and the suppliers or manufacturers of the Article.

The Articles must be returned to the Seller in the same condition with their packaging and accessories. The costs of return will be refund upon presentation of proof.



The Customer may contact the Seller via the Website or at the e-mail address indicated at the top of this Contract for any information on an Article or for any claim relating to an Order placed.

The Seller's customer service is open from 10:00 a.m. to 5:00 p.m. from Monday to Friday.

The Seller will make its best efforts to respond:


All Orders are final from the date of their confirmation by the Customer on the Website or, when a personalized delivery estimate must be established, from the date of acceptance of this estimate by the Customer.

However, an Order may be cancelled and the Contract terminated:

In the event of cancellation by the Seller, the Seller shall inform the Customer within a reasonable time following the discovery of one of the aforementioned cases via the Website.

Any cancellation of an Order shall give rise to a full refund to the Customer, subject to the return of the Article to the Seller as is.

Other than in the cases provided for in this clause, termination of the Agreement may in any event be requested in court.



13.1. Limitation of liability towards professional Customers

The liability of the Seller, for all causes, is limited to the amount of the Article excluding VAT and covers only the damages foreseeable at the time of the conclusion of the Order and constituting an immediate and direct consequence of the non-performance of the present Terms and Conditions by the Seller.

Consequently, the Seller shall not be liable for any indirect damage, such as loss of profit, commercial or financial loss, consequence of third party claims or loss originating from or resulting from the Contract, even if the Seller has been notified in advance.

13.2. Force majeure

Neither of the Parties shall be held liable to the other for non-performance or delays in performance of an obligation hereunder that would be due to the occurrence of a case of force majeure as usually recognized by French case law and courts, or to an external cause, such as, without this list being exhaustive: total or partial strikes, internal or external to the company, bad weather, epidemics, water damage, fires, attacks, natural disasters, social conflicts, intervention by civil or military authorities, governmental or legal restrictions, interruption of the electrical or telecommunication networks, DOS, DDOS, scheduled interventions or seizures by the courts.

In such a case, the obligations arising hereunder will be suspended.

If such a case of force majeure, fortuitous event or external cause continues for more than one (1) month, the Order shall be cancelled and shall give rise, where applicable, to full refund of the sums paid by the Customer.



Certain personal data of the Customers are processed by the Seller through the Website. The Seller is responsible for the processing of these data.

This personal data that the Customer will have provided to the Seller is necessary for the execution of the present contract and is of legitimate interest to the Seller in order to enable it to carry out its obligations: to ensure the commercial relationship (management and follow-up of Orders, invoicing), customer service, processing of claims.

These processing operations are carried out in accordance with the applicable legislation and in particular the European Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data (GDPR) and the French law of January 6, 1978 "Informatique et Libertés".

For more information on data processing, the Seller's Privacy Policy is accessible under the following link: Privacy Policy.



15.1. Obligations of the Customer

The Customer undertakes to access the Website and to use the services and functionalities it contains, in particular via its Account, in accordance with their purpose and any applicable regulations and in compliance with this Contract and any rules of use communicated or made accessible by the Seller, in particular by way of posting, publication or notification on the Website or on the Customer's Account.

In particular, the Customer shall refrain from:

In case of violation by the Customer of any of the foregoing obligations, Seller reserves the right to either terminate Customer's registration without notice or suspend Customer's access to his Account.

In any event, the Customer shall be solely responsible for breaches of the foregoing obligations and for any harmful consequences thereof.

15.2. Intellectual Property

The Seller is and remains the owner of all intellectual property rights on the Website and on elements which compose it, whatever their nature, as well as of all its savoir-faire as a Website publisher.

These elements are protected by intellectual property laws and others, including copyright.

The access to the Website does not confer any intellectual property right whatsoever to the Customer on the Website or on the elements composing it.

Any use or exploitation of the elements of the Website made in contravention of this Contract may give rise to the exercise of any appropriate action at the initiative of the Seller, including the exercise of an infringement action.

Any total or partial reproduction of the Website and/or elements thereof by any means whatsoever, without the express permission of the Seller is therefore prohibited and would constitute an infringement punishable by articles L. 335-2 and following of the French Intellectual Property code.

Any commercial use by the Customer of the Seller's corporate name, its trading name, its word of figurative marks is also prohibited, unless prior, express and written authorization of the Seller.



16.1. Amendment to the Contract

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

In the event of modification of these by the Seller, the new version shall apply to Orders placed as of its entry into force.

It is therefore incumbent upon the Customer to consult the General Terms and Conditions of Sale in force before placing any Order and to formally accept them.

16.2. Translation of the Contract

In case of drafting of the Contract in several languages or of translation, only the French version shall apply.

16.3. Preservation of the Contract

The Seller ensures the preservation of the Contract concluded with the Customer under the conditions of article L. 134-1 of the French Consumer code.

16.4. Proof agreement

Each of the Parties undertakes to recognize a probative value equivalent to that of a paper document to any electronic document or any information exchanged between them through their electronic correspondence or communication tools made available to them on the Website as well as to any computerized data stored, accessible or generated by the Website and relating to their contractual and pre-contractual relationship.

The Parties waive, except in the case of proven computer fraud on the information systems used or deliberate human falsification, to invoke any unenforceability, inadmissibility or nullity of any evidence that would be reported by means of the aforementioned documents or information.

16.5. Waiver

The fact that either of the Parties does not claim the application of any clause of the Agreement or acquiesces to its non-performance, whether permanently or temporarily, would not be interpreted as a waiver by that Party of its rights resulting from the said clause.

16.6. Partial nullity

Cancellation or invalidation of one of the provisions of the Contract shall not generate cancellation or invalidation of the whole Contract, unless the disputed provision can be considered, in the Parties minds, as substantial and decisive, or if the cancellation or invalidation calls into question the general balance of the Contract.

16.7. Applicable law and jurisdiction attribution

This Contract is subject to French law.

Any difficulties of interpretation, execution and all disputes relating to this Contract shall first be subject to an attempt at amicable resolution between the Customer and the Seller.

16.7.1. Prior attempt at amicable resolution

In the event of a persistent dispute that could not be settled directly with the Seller, the Customer having the status of consumer has the right to have recourse, free of charge, to the consumer ombudsman chosen by the Seller.

A resolution of the dispute may also be sought through the online dispute resolution platform of the European Commission: http://ec.europa.eu/odr.

In the event of a persistent dispute that could not be settled directly with the Seller, the professional or non-professional Customer within the meaning of the French Consumer code will attempt, first and foremost, to resolve the dispute amicably.

16.7.2. Persistent Dispute

In the event of a dispute persisting after mediation, the Customer having the status of a consumer may, pursuant to article R. 631-3 of the French Consumer code, seize one of the courts territorially competent under the French Civil Procedure code, or the court of the place where he resided at the time of the conclusion of the contract or of the place where the harmful event occured.

In the event of a dispute persisting after mediation, the dispute will be submitted to the exclusive jurisdiction of the materially competent Court of Lyon.




To the attention of FORMES UTILES SAS registered in the Lyon Trade and Companies Register under number 847 966 843, having its registered office at 20, rue Marcel Dutartre, 69100 Villeurbanne, (Tel: +33 6 74 06 06 38, Email: info@formesutiles.com):

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