Object
The simple fact of ordering implies the customer’s acceptance of our terms of sale below.
These general terms and conditions enact the applicable rules for the sale of natural stone products to its customers as part of a distance selling system or showroom. Both parties accept them without restriction.
The parties are contractually bound by the fact of ordering and by its confirmation.
The General terms and conditions constitute the rights and obligations of the parties, no other condition can be incorporated into them.
Generality
All information, technical specifications or otherwise, are provided for information purposes and do not bind the manufacturer or the Comptoir des Pierres. Le Comptoir des Pierres always reserves the right to make any modification of shapes, dimensions, weights and materials to its products whose engravings and descriptions appear on these documents.
The technical specifications, plans, drawings and sketches provided and submitted by the Comptoir des Pierres as documentation or in support of proposals may not be communicated by the purchaser to a third party without prior agreement. They can be returned to Le Comptoir des Pierres on simple request.
The seller
SARL Atelier Bourgogne Distribution | Le Comptoir des Pierres
Share capital of 150,000.00 €
Headquarters : 14 Rue de la Perrière
21220 Fixin
Phone number: 33(0) 3 73 27 07 12
RCS Dijon Work in progress
Creation date : 1996
Product presentation website: http://www.lecomptoirdespierres.com
Online shop: http://boutique.lecomptoirdespierres.com
Main features of our products available for sale
The characteristics of the products usually appear in the pages of the website or catalogues, magazines,…
Photographs, plans and dimensions have no contractual value. They have only an indicative value.
For custom-made orders the characteristics of the products clearly appear in the quotation/order form and/or in the plan attached to the order.
Color of the stones:
Le Comptoir des Pierres is not responsible for the variations in color of natural stones. This is what makes the natural stone look unique. Natural stones are material subject to variation according to operating conditions, period of operation, manufacture and finishing.
Characteristics of our Burgundy stone :
– Shells, concretions, fossils. They are present in small medium or large number and are often slightly darker than the stone itself. They vary from light grey to dark grey. The presence of shells, concretions or fossils more or less contrasted with stone cannot be a reason for refusing the goods.
– Natural veins, often darker than stone, can appear on the products. These are in no way cracks, weaknesses or repairs. These are not reasons for refusal of the goods if their size does not exceed 0.7 mm.
Price
Prices are quoted in euros (€) VAT exclued and/or VAT included The VAT rate, indicated on the order form, is that applicable on the day of the order for the country of delivery ; the buyer acknowledges that the VAT to be applied will be that of the day of delivery and the conditions of delivery.
Packing and packaging costs are counted per order and not per product. Unless otherwise indicated.
The delivery costs are calculated on a case-by-case basis and depend on multiple factors, such as the distance between the delivery and production or storage locations, the quantities to be delivered, the nature of the means of transport, the accessibility of delivery, the delivery date and hour, the unloading time,…
In case of promotional offer, promotions are accurate and for a specified period, you should pay attention to the conditions and the limit of validity of the offer over time. Beyond the promotion period, the prices displayed will no longer be applied.
Prices are freely determined by Le comptoir des Pierres and may vary at any time.
Stock availability
The products offered are not always available in stock. The majority of our products are manufactured on demand.
In case of non-availability of basic materials in stock, the delivery times communicated by Le comptoir des Pierres will only have an indicative value, they depend on the time of replenishment. The order confirmation indicates a conventional deadline.
Orders
Any order must be written and signed by the purchaser. It must accurately mention the specification of the products with all the necessary details, mode and place of dispatch, delivery time,… Incomplete or erroneous information could lead to errors in the execution, which could not be attributed to Le Comptoir des Pierres.
Le Comptoir des Pierres reserves the right to accept or not any order within 30 days of receipt. In case of refusal of order by Le Comptoir des Pierres, the deposit and any sum collected for the order will be simply refunded to the buyer without justification.
The quotation/purchase order, which confirms the acceptance of Le Comptoir des Pierres, stipulates the conditions of execution: product specification, price, conditions, delivery time, mode of transport, place of dispatch, payment, customs fees,… It is recommended that the purchaser carefully check the quotation/purchase order and report any possible errors before signing.
An order accepted by Le Comptoir des Pierres may always be cancelled by the latter in the following cases and without indemnity: manufacturing stoppage by the manufacturer for any reason whatsoever or modification to the regulations and prices concerning imports, if any, changes in the creditworthiness of the purchaser. In such cases, any payments made are purely and simply reimbursed.
Order confirmation
Any order to Le Comptoir des Pierres will be confirmed by sending of the quotation/purchase order signed and accompanied by the amount of the deposit requested and notified on the order form.
This order confirmation will be the starting point for the parties ‘ obligations. On this confirmation will be the mention of the products ordered, its price, delivery,…
Personal information
For the proper conduct of the order, the personal data collected will be the subject of computer processing, you acknowledge that you have read it. This data will in no way be sold or exchanged for commercial purposes.
Ordering procedure
Le Comptoir des Pierres sends a proposal and/or quotation/purchase order mentioning the product(s) with precise indication of the dimensions, characteristics, quantities, location, delivery week, billing address, mode of payment…
Confirmation of the order by the buyer by return of the quotation/purchase order signed with the handwritten confirmation, and with the payment requested.
The order will be considered confirmed upon receipt of the signed quotation/purchase order accompanied by the deposit/payment on our account. The announced production and delivery deadlines run from the receipt of the order and the payment of the deposit/payment.
In the case of a tailor-made the deadlines begin on receipt of the validated and signed plan.
Before delivery, we send the invoice if any balance to be paid before shipping.
Receipt of the balance of the invoice on our accounts or receipt of a cheque certified by the Bank.
Start of the delivery procedure with the carrier.
Delivery in the presence of the customer to the places and dates agreed in advance with the carrier.
Verification and receipt and acceptance of the merchandise by the customer.
Invoicing
The invoiced amount matches the price of the products (VAT included), packaging and shipping costs. The payment on delivery is possiblea and is charged €35.00 VAT exlcuded per delivery. It must be validated in advance and notified on the quotation/purchase order.
Our invoices should be paid in cash before delivery or pick up without discount, unless otherwise indicated in a confirmation of order from us for Business to Business
The deposit of the cheque comes just before the shipment of the products.
Each unpaid invoice will genereate without warning or notice an interest rate of 12% a year and a flat-rate indemnity for late payment of 10%, with a minimum of €200. Failure to pay an invoice leads to the fact that all other invoices or trade effects become due notwithstanding their own maturity.
The goods sold remain the property of Le Comptoir des Pierres until the full payment of the invoices regardless of where the goods are located; in case of non-payment Le Comptoir des Pierres has the right to recover them. The purchaser or any person representing him may not oppose this recovery.
The purchaser commits to refraining from taking the property, deteriorate, resell, transform the goods which are not paid.
Payment methods
You have several following payment options:
– Payment in cash
– Payment by bank transfer.
– Payment by cheque and cheque certified by the Bank on request.
– Payment by credit card.
Payments must be made in euros.
In the case of payment in another currency, the Exchange and bank charges relating to this payment will be re-invoiced to the customer;
Terms of payment
The sales of Le Comptoir des Pierres are to be paid in cash before delivery or pick up.
The “custom-made” products “are to be paid at 100% on the order unless otherwise agreed notice.
Only the receipt and cashing of the deposit guarantees the customer’s order.
Terms of payment
-Bank cheque in € for amounts less than 2 500 €.
-Cash within the limits of the legislation in force at the time of payment.
-Payment by credit card.
-Bank transfer for amounts exceeding 2 500 € (obligatory for non-euro zone).
Delivery
The delivery is ruled by articles 133 of the commercial code.
The production/delivery deadlines begin to run from the date of receipt of the order and the payment by the purchaser of the planned deposit.
These deadlines are indicated by Le Comptoir des Pierres given its supply possibilities at the time considered and they will be respected as far as it’s reasonably feasible. If an unpredictable delay occurred, the purchaser would be informed immediately. In the event that the delay exceeds 3 and a half months (excluding August), the amounts paid as a deposit on the order would be interest-bearing at the rate of 1% per month.
Delays may not, under any circumstances, justify the cancellation of the order by the purchaser, nor allow to claim damages. Agreements on this subject between the purchaser and his client may not be taken over by the Comptoir des Pierres.
Le Comptoir des Pierres is cleared of any commitment relating to delivery deadlines:
– in the event that the terms of payment are not complied with by the purchaser;
– in the event that the purchaser has not provided the necessary information in due time for the execution of the order;
– in the event of superior force or events such as : strikes, natural disasters, riots, war, requisition, fire, flood, interruption or delays in transport, major accidents in the tooling of manufacturing, rising energy prices,…. Delays caused by our own suppliers, whatever the cause, constitute a source of conventional superior force. It is strongly recommended to order the specific or tailor-made materials as soon as possible in order to ensure a sufficient time range between the reception and the start of the construction site.
After acceptance of delivery, the products ordered are presumed to conform to the request without the proof to the contrary can be made.
Le Comptoir des Pierres is not liable for any damage to public infrastructures, sidewalks or other property belonging to others on the occasion of the delivery of the goods, in cases where this delivery is not put on the public space. The purchaser is responsible for the damage caused to the material of the Comptoir des Pierres or the carrier as a result of deliveries on unsuitable grounds.
Receipt of merchandise by recipient
The day of delivery the recipient must be present and it is strongly advised to apply the following:
Parcels must always be unpacked by the recipient in front of the driver (the pretext of lack of time from the driver is not valid). The cost of transportation included the time of checking.
If deterioration is found, the damaged goods must be refused. The conforming merchandise will be kept by the recipient. The carrier will leave with the deteriorated part (or parts) and re-ship them for expertise at Le Comptoir des Pierres. It must be noted on the delivery slip: “merchandise refused. Received broken (in part “details” or in whole) “.
These tips followed, the recipient will have nothing to pay for a new manufacture of parts deteriorated and for their delivery. It is the insurance of Le Comptoir des Pierres and the carrier that will negotiate between them the cover of the costs incurred for the (re) manufacture and the (re) delivery.
The fact of noting on a delivery slip “subject to opening…” does not protect the recipient. If the recipient is not present during the delivery and some broken products are discovered after the driver’s departure it is the responsibility of the recipient that is committed. It will therefore be up to the recipient to prove that the merchandise has been delivered deteriorated and to turn against the carrier to obtain the refund in order to do a new order at Le Comptoir des Pierres.
Responsibilities in case of damage during transport
The risks of loss or deterioration of the equipment, as well as any risks associated with its existence or use, are transferred to the purchaser at the time of pick up which is deemed to have taken place at the start of the manufacturing workshop. The material travels accordingly at the recipient’s risk whatsoever the mode of transport, whether the carriage fee is borne by Le Comptoir des Pierres or by the buyer.
The purchaser must ensure the conformity of the delivery and the condition of the parcels presented to him by the carrier before taking delivery and giving discharge.
Any anomaly concerning the delivery (broken or damaged products, missing in relation to the delivery order) must be confirmed upon delivery by the customer and will be the object of a refusal to take possession of the damaged merchandise tified in writing on the delivery slip or the consignment note. The merchandise will then be returned to the counter of the stones at the expense of the transport company for expertise. After this, the merchandise will be remanufactured and sent back to the customer at no charge and as soon as possible.
Any anomaly concerning the delivery (product missing in relation to the delivery note, broken or damaged products) found after the delivery and departure of the driver must be managed directly after the carrier, the only responsible interlocutor. The customer must confirm this anomaly by sending to the carrier within 48 hours following the date of delivery a registered mail with acknowledgement of receipt stating these findings and claims.
The customer will have to send a copy of this mail by mail with acknowledgement of recepipt to: Le Comptoir des Pierres | Atelier – 42 route nationale 74 – 21700 Comblanchien.
The carrier’s contact details are shown on the delivery slip.
The carrier is solely responsible for the reimbursement of the goods and the delivery costs. If the customer wishes to make the products again they will have to be re-ordered (see order section).
Applicable law, dispute resolution
The courts of the Head Office of Le Comptoir des Pierres will be the only competent to arbitrate the disagreeents which may arise between the Comptoir des Pierres and its client.
These terms of sale prevail as of right on the customer’s terms of purchase. They will be signed on the first order.
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