ARTICLE 1: OPPOSABILITY
Placing an order implies full and unreserved acceptance of these General Terms and Conditions of Sale, which shall prevail over any conditions to the contrary, including those of the customer.
ARTICLE 2: SAMPLES AND QUALITY OF MATERIALS
The samples are only given as an indication and are intended to guide the customer's choice. They cannot be used as a reference to judge the corresponding materials on a larger surface. In particular, differences in grain and colour, as well as natural characteristics such as wormholes, knots, shells, geodes, strata, crystalline veins, rust spots, toads, flames, etc., may appear on the goods delivered.
ARTICLE 3: GUARANTEE
Porcelain vases are guaranteed for 1 year from the date of delivery against frost and manufacturing defects.
This guarantee is limited to the replacement of goods recognised as defective, with the exception of accessories, such as plastic or aluminium cups, bouquet forms, plastic containers, etc.
This guarantee is only valid :
- only after the seller has been informed of the defects within 3 days of their appearance,
- after the seller has acknowledged the defect in the goods,
The guarantee does not cover damage resulting from normal wear and tear of the goods, damage caused by the reaction of natural rocks to frost, humidity and other atmospheric conditions, deterioration or accidents resulting from negligence, lack of maintenance, storage or faulty installation or installation that does not comply with the seller's recommendations.
On this last point, we remind you that granite items are provided with a hole, a groove or a corner cut-out for the evacuation of water, which must not be obstructed under any circumstances.
Similarly, items intended for surface mounting must not be installed in any other way.
ARTICLE 4: INTELLECTUAL PROPERTY/THIRD PARTY RIGHTS
Any order involving or including the reproduction, representation or adaptation of a photograph, object, drawing, model, text or any other element that benefits from protection under intellectual property or image rights, implies that the customer has obtained all necessary authorisation beforehand.
The customer therefore guarantees against any legal proceedings and shall bear all costs relating to the defence of the seller's interests as well as any possible sentence that may be pronounced against him.
In the case of orders involving creative activity within the meaning of intellectual property law, the rights arising from this creation, and in particular the right of reproduction, shall remain with the seller and shall only be transferred to the customer by agreement.
In the latter case, the rights shall in any case only be transferred as of the effective payment of the full price of the order.
All these rules also apply to preparatory work. In particular, the customer may not use the projects, studies, models or prototypes without the prior written consent of the seller.
ARTICLE 5: PRICE-PAYMENT
TERMS AND CONDITIONS
The goods are supplied at the price in force on the day the order is placed or at the price set out in the commercial proposal, the latter however being valid for only 30 days from the date of its establishment.
Invoices are payable as follows:
- Cash on delivery (or on order) for all first orders
- Within 30 days of the end of the month for subsequent orders with a 2% discount for any payment received within 10 days of the invoice.
Any sum not paid on the due date will result in :
- the payment of late interest at a rate equal to 3 times the legal interest rate until the actual payment is received
- immediate payment of the entire debt in the case of payment by instalments
- immediate payment of all invoices not yet due
- the suspension or cancellation, at the seller's discretion, of any order in progress
Any invoice recovered by the legal service will be increased by a fixed indemnity of 12% of the sums due with a minimum of 80€.
REQUIREMENT OF GUARANTEES
In the event of deterioration of the customer's credit, previous non-payment, downward revision or termination of the guarantee granted by the seller's credit insurance organisation, the latter may, if it sees fit, modify the payment deadlines, require a guarantee, or request payment with the order.
ARTICLE 6: ADVERTISING
Unless the customer wishes otherwise in writing at the latest on the day of the order, the seller is authorised to mention the name of its customers and to include photos of the monuments and other items sold in its commercial brochures and other advertising media.
ARTICLE 7: RETENTION OF TITLE CLAUSE
The seller retains full and exclusive ownership of the goods sold until full payment of their price, but the customer shall assume the risks as soon as they leave the factory.
In the event of reclamation and return of the equipment, all sums received by the seller shall be retained by the seller in consideration of the use of the goods by the customer.
If the legislation of the customer's country does not recognise the validity of the retention of title clauses or if the customer wishes to resell or transform the goods before payment, he shall be required to provide the seller with serious guarantees of payment such as a certified cheque, an endorsed draft, a deposit, etc.
ARTICLE 8: DISPUTE
Unless otherwise stipulated by law, any dispute, of whatever nature, shall fall under the exclusive jurisdiction of the Lille Métropole Commercial Court, which shall be bound to apply French law.
In the event of a dispute and if there are differences in translation between the French version and any other version, only the French version will be retained.