General Terms and Conditions - Sale & Lease
1. Purpose and Scope of Application
These General Terms and Conditions of Sale and Lease (hereinafter the "T&Cs") govern the contractual relationship between ENKY (hereinafter "the Service Provider" or "Enky") and any natural or legal person (hereinafter "the Customer") making a purchase, subscribing to a furniture subscription, or entering into a Leaseback contract via the website www.enky.com or by validating a quote.
It is expressly agreed that the provisions relating to consumer law only apply to Customers acting as consumers (B2C). Business Customers (B2B) are subject to the rules of commercial law.
2. Detailed Description of Services
Enky offers furniture solutions based on the circular economy:
2.1. Direct Sale: Purchase of new furniture or items from the "Vintage" collection. The transfer of ownership takes place upon full payment of the price.
2.2. Subscription (Furniture as a Service - FaaS): Provision of furniture for a fixed term, with an option to purchase, subject to the payment of monthly rent. The furniture remains the property of Enky. This service includes delivery, assembly, maintenance related to normal wear and tear, and the collection of the furniture at the end of the contract.
2.3. Leaseback: Service exclusive to business customers. Enky purchases the Customer's existing furniture inventory at an agreed appraised value, and then immediately leases it back to the same Customer as a subscription (FaaS). This hybrid contract is subject to a separate transfer agreement and lease contract.
3. Pricing, Invoicing, and Payment Terms
3.1. Rates: Prices are quoted in Euros, excluding VAT for business customers and including VAT for individual consumers. Delivery and installation costs are calculated by quote depending on the volume and site access constraints.
3.2. Payment (Purchase): Payment is due in full upon validation of the order by credit or debit card.
3.3. Invoicing (Subscription & Leaseback): Rents are invoiced monthly in advance. Payment is made by direct debit (SEPA mandate) on the agreed due date.
3.4. Security Deposit: For rental offers, a security deposit may be required prior to delivery. It will be returned at the end of the contract, less any refurbishment costs or unpaid rent.
3.5. Late Payment: Any late payment automatically entails the enforceability of late payment penalties calculated at a rate equal to three times the statutory interest rate in force, as well as a fixed indemnity for recovery costs of €40. In the event of default on payment, Enky reserves the right to terminate the subscription and demand the immediate return of the furniture at the Customer's expense.
4. Commitments, Duration, and Termination (FaaS Subscriptions)
4.1. Fixed Term: Subscription contracts are concluded for a minimum fixed term stipulated in the quote or during the online order (e.g., 12, 24, or 36 months).
4.2. Early Termination: Should the Customer terminate the contract before its expiry (excluding cases of force majeure), the entirety of the rent remaining due until the end of the initial commitment period shall become immediately payable by way of a penalty clause, without prejudice to dismantling and return costs.
4.3. Scalability: B2B Customers may request the addition of furniture during the contract. These additions will be subject to an amendment and a reassessment of the monthly payment.
5. Delivery, Installation, and Return at the End of the Contract
5.1. Site Access: The Customer must verify the accessibility of their premises (door dimensions, lifts, corridors) prior to delivery. Any additional costs arising from unreported access difficulties (e.g., renting a furniture hoist) will be charged to the Customer.
5.2. Inventory of Fixtures and Return: At the end of a subscription, a joint inventory of fixtures is carried out. The furniture must be returned in a clean condition and show only normal wear and tear, corresponding to use with due care and attention.
5.3. Damage: Any abnormal damage (tears, burns, broken parts, stubborn stains) noted upon return will be subject to additional billing to cover the costs of repair or replacement, in accordance with Enky's commitment to the circular economy.
6. Insurance, Liability, and Maintenance (FaaS)
6.1. Maintenance: The subscription includes the repair or replacement of defective parts resulting from normal wear and tear of the furniture. Interventions resulting from negligence or misuse by the Customer will be charged back to them.
6.2. Mandatory Insurance: From delivery until return, the leasing Customer (B2B or B2C) has legal custody of the furniture. They are required to insure it, at their own expense, with a reputable and solvent insurance company, against material damage risks (theft, fire, water damage, vandalism). A certificate of insurance may be requested by Enky at any time.
In the event of a total loss, the Customer remains liable for the residual value of the furniture.
7. Use and Maintenance of the Leased Furniture
7. Use and Maintenance of the Leased Furniture
7.1. The Customer undertakes to use the furniture with due care and attention, in accordance with its normal intended purpose (standard office or residential use).
7.2. The Customer is strictly prohibited from modifying, subletting, or moving the furniture away from the initial delivery address without Enky's written consent.
7.3. Normal wear and tear associated with standard use is accepted. However, damage (deep stains, tears, burns, structural breakage due to impact) will result in invoicing for repair or replacement costs.
8. Retention of Title and Immunity from Seizure
8.1. Purchase: Enky retains full ownership of the sold goods until the effective and full payment of the price, including principal and accessories.
8.2. Subscription and Leaseback: The furniture provided remains the exclusive, inalienable, and unseizable property of Enky (or its partners/investors via the Enky Invest platform). The Customer is strictly prohibited from subletting, lending, pledging, or assigning the furniture without Enky's prior written consent.
9. End of the Lease Contract (Subscription)
At the end of the initial lease commitment period, or in the event of early termination respecting the notice period defined in the contract, the Customer has three options:
9.1. Extension: The contract continues tacitly or under new, advantageous pricing conditions depending on contract period.
9.2. Return: The furniture is collected by Enky. The Customer must return it in a condition consistent with normal wear and tear. A return inventory of fixtures will be carried out.
9.3. Purchase Option: The Customer may permanently acquire the furniture at a contractually agreed residual value or calculated based on the rent already paid.
10. Right of Withdrawal (Individual/B2C Customers Only)
In accordance with the provisions of consumer law, Customers acting as consumers have a period of 14 days from the receipt of the furniture (for a purchase) or the acceptance of the offer (for a lease) to exercise their right of withdrawal, without having to provide any reasons or pay any penalties, except for the return costs which remain their responsibility.
This right does not apply to Business Customers (B2B).
This right does not apply to Business Customers (B2B).
11. Termination for Breach
In the event of non-payment of a single rent instalment on its due date, or a serious breach of any of the obligations in these T&Cs, Enky may terminate the lease contract by right, without judicial formality, 8 days after a formal notice has remained unheeded. The Customer must then immediately return the furniture and pay all sums due up to the end of the planned initial commitment period, by way of a penalty clause.
12. Applicable Law and Jurisdiction
These General Terms and Conditions are subject to the law of Enky's registered office. For business customers, any dispute relating to the interpretation or execution of these conditions shall fall under the exclusive jurisdiction of the Courts in the jurisdiction of Enky's registered office.