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Article 1 - Purpose :
The purpose of these General Terms and Conditions of Sale (hereinafter referred to as "GTCS") is to govern the pre-contractual and contractual relationship existing between, on the one hand, SAS ATELIER BOURGOGNE CREATION under the trade name "LE COMPTOIR DES PIERRES" (hereinafter referred to as "CDP", the seller) and, on the other hand, any customer (direct or intermediary) with whom CDP has not regularised Special Terms and Conditions which take precedence over these General Terms and Conditions. Identification of the seller: SAS Atelier Bourgogne Création / Le Comptoir des Pierres. Registered office and address for all postal correspondence: 42 route nationale 74. 21700 COMBLANCHIEN - Tel: +33 (0)3 73 27 07 12 - RCS Dijon 533 147 294 00037
Article 2 - Enforceability - Scope - Exclusion of all other conditions or provisions :
These GCS constitute an indivisible whole. They apply without restriction and without reservation to all sales and commercial relations referred to in article 1 above, as soon as the quotation (or price offer) is signed or the order is confirmed by the customer. These GCS are exclusive of the application of any other provisions or conditions, in particular of purchase.
Article 3 - Ordering procedure - Final nature of the order - Right of withdrawal :
A. Requests for prices and quotations: Requests for prices and quotations (in the showroom, by telephone or on the Internet) will result in the issue of a "price offer" or "quotation".
Requests for prices must accurately state: the type of product required, its destination and/or use (in particular indoors, outdoors, suspended, etc.), the information required to identify the customer (natural person/legal person/company name, professional activity, whether or not there are 5 or more employees, name of the person in charge of the file), the delivery address and the invoicing address.
The CDP cannot be held responsible for any errors made when requesting the price.
B. Period of validity of the quotation: Unless expressly stated otherwise, the quotation is valid for a period of one month from the day it is issued by the CDP.
C. Scope of the signature of the quotation: By returning the signed quotation, the customer is deemed to have declared the full details of his site, and to accept the information (quantity/quality/dimensions etc.) contained in the quotation, which takes precedence over all previous information.
At the end of the withdrawal period referred to in article E. below, the return of the signed quotation constitutes firm and full acceptance of the entire order mentioned therein.
D. Production/fulfilment of the order: The production/fulfilment of the order will only take place after CDP has received a deposit, mentioned on the quotation, corresponding to 50% of the total amount including VAT of the total order.
In the absence of receipt of this deposit, the CDP shall be released from any obligation and, unless withdrawal is made in accordance with the legal forms and timescales, the deposit paid shall be retained by the CDP, which reserves the right, if the order has received a specific start to execution, to require the customer to pay for the entire order.
E. Withdrawal right and period: the consumer has a 14-day withdrawal period from the date of transmission of the signed quotation, in accordance with articles L.221-18 to L.221-28. A withdrawal form can be found at the end of these GCS.
Notification of withdrawal must be made by registered letter with acknowledgement of receipt to SAS Atelier Bourgogne Création/ Le Comptoir des Pierres - 42 route nationale 74. 21700 COMBLANCHIEN.
In the event of valid exercise of this right of withdrawal, the CDP will reimburse the deposit paid in full. In accordance with the provisions of article L.121-16-1.III of the Consumer Code, the professional customer benefits from the aforementioned 14-day right of withdrawal, if and only if the following three conditions are cumulatively met:
1-The order is placed off-premises, but in the presence of a CDP representative.
2-The subject of the contract does not fall within the customer's main field of activity. 3-The number of employees of the purchasing company is less than or equal to five.
Article 4 - Payment of the balance of the order price :
Payment of the balance of the price of the order must be made before any goods are delivered or dispatched. The CDP informs the customer of the date from which its order is ready to be handed over, delivered or dispatched, and the customer is responsible for paying the balance before the deadline indicated.
No order shall be placed, delivered or dispatched if CDP has not received payment in full. Any payment incident will lead to the application of a surcharge, per day of delay, corresponding to five times the legal interest rate. This surcharge is payable without prior notice. A fixed indemnity of 150 euros is payable in the event of forced collection costs, in addition to the actual costs incurred by the CDP through any recourse to legal representatives being charged to the defaulting debtor.
Article 5 - Fate of the deposit in the event of late withdrawal by the customer or non-execution of the order attributable to the customer :
In the event that the customer cancels all or part of its order after the withdrawal period has expired, does not pay the full price, and more generally in the event that the customer fails to fulfil its obligations, the deposit referred to in article 3 above shall remain the property of CDP, without the customer being able to claim its return or the equivalent in goods. The same shall apply in the event of default or, a fortiori, insolvency of the co-contractor.
Article 6 - Modification of the order after signature of the quote - Refusalof order by the CDP :
Once the withdrawal period has expired, any request by the customer to modify its order may either be refused by CDP or accepted subject to conditions communicated by CDP to the customer or the intermediary appointed by the latter.
In the event of disagreement on these new conditions, the order shall remain in its initial state. In the event of modification of the order at the initiative of the CDP, in particular for reasons of material or technical impossibility of manufacturing/producing the product appearing on the quotation, or a change in regulations imposed on the CDP, the latter shall inform its co-contractor as soon as possible so that the parties can jointly define a replacement solution. In all cases, the CDP reserves the right to refuse an order initially accepted by it. In the latter case, the deposit paid will be reimbursed.
Article 7 - Prices - Promotions - Packaging costs :
Prices are indicated in euros excluding or including VAT. They are freely determined by CDP and may vary at any time. The VAT rate indicated is that applicable on the day of issue of the quotation (or the invoice if the sale is made without prior request for a price) to the order concerned, and taking into account the country of delivery. Promotions are strictly limited to the product(s) and the period of validity to which they expressly refer.
Article 8 - Manufacturing lead times - Fulfilment of the order - Delivery lead times :
Once all the requirements of article 3 - a to 3 - d above have been met, the CDP shall make every effort to execute the confirmed order as soon as possible after receipt of the deposit. This deadline is merely an indication. It does not constitute a contractual obligation entered into by CDP or enforceable against it.
A fortiori, this deadline does not constitute an obligation of result. Any extension of the lead time shall not justify any reduction in the price of the order or its cancellation, and shall not give rise to any compensation paid by the CDP. The same applies to delivery times, which are given purely as an indication.
Article 9 - Terms and conditions of transport - Delivery :
The delivery costs envisaged are mentioned on the quotation. They are assessed on a case-by-case basis, depending on the specifics of the order. Signing the quotation constitutes a mandate given to CDP to organise transport and acceptance of the transport conditions proposed in the quotation.
Delivery shall be made to the address stated on the quotation, unless CDP is notified of a change in writing less than 15 days before the planned date of dispatch. If the customer wishes to take responsibility for collecting, organising and paying for the transport themselves, it is their responsibility to expressly state this when returning the quotation, giving the name and contact details of the chosen carrier.
Article 10 - Receipt of goods :
Goods are sold CIP and can be delivered carriage paid or cash on delivery to the agreed location. Goods travel at the recipient's risk, whatever the mode of transport. On the scheduled delivery date, the customer or his representative must be present at the address indicated on the quotation (or modified under the conditions of article 9 paragraph 4 above). Failing this, the goods will be returned to the CDP at the customer's expense.
The signing of the delivery note confirming delivery to the agreed address constitutes validation without reservation of receipt of the goods, which are thus presumed to conform to the order. It should be noted that delivery is governed by articles 133 et seq. of the French Commercial Code, with a reminder of the imperative nature of article L.133-3 paragraph 1 of the said code. The customer shall have no recourse against CDP, as the carrier alone is responsible for partial or total damage to the goods transported. Therefore, if any damage is noted, the recipient must :
Reject the damaged goods and make a note of this on the delivery note, specifying the nature of the damage and the number of items concerned.
Complete the above-mentioned protest formality with regard to the carrier - Immediately reserve a copy for the CDP. After expert appraisal, the CDP will issue its conclusions as soon as possible.
Article 11 - Tolerances - Complaints - Return of goods :
A. Tolerances :
Appearance or dimensions of the stones: the CDP points out that natural stones are, by their very nature, subject to variation.
These parameters inherent in natural stone cannot be attributed to CDP, nor can they be used as grounds for returning goods.
B. Complaints by the customer: In the event of non-conformity of the goods delivered with the order, the customer has a period of 14 days from the date of receipt of the goods to notify his complaint by registered letter. After this period, no further claims will be accepted. In all cases, the return of goods is subject to the provisions of article C. below.
C. Conditions for the return and re-shipment of goods: On receipt of the customer's complaint, the CDP shall advise the customer of the conditions for the recovery and replacement of the goods, as well as the overall transport costs (return then re-shipment of the goods), these costs being borne exclusively by the customer. Any method of return/recovery other than that thus notified by the CDP shall be refused and charged to the customer.
Article 12 - Guarantee :
The goods sold by CDP are not covered by any warranty.
Article 13 - Installation options and products - Responsibility of subcontractors or parties involved in the installation operation - Products used :
At the customer's request, the CDP may offer different service providers capable of installing the goods, at the customer's free choice and under the customer's sole responsibility.
The CDP sells accessory products (glue - joint - water repellent, etc.). The customer is free to choose any of these products, the appropriateness, suitability and conditions of use of which are the sole responsibility of the customer or the subcontractor appointed by the customer.
Article 14 - Retention of title - Transfer of risks :
In all cases, the goods are sold by CDP subject to retention of title. The transfer of ownership is subject to full payment of the price, on the agreed due date, by the purchaser.
In the event of non-payment in full on the due date, CDP shall regain possession of the goods of which it remains the owner. However, until the transfer of ownership, the purchaser assumes all risks that may affect the goods.
Article 15 - Processing of personal data :
The CDP and its partners undertake to comply with the regulations in force with regard to the processing and storage of personal and confidential data, and in particular the French Data Protection Act of 6 January 1978.
The personal data exchanged between the parties will be used for the sole purpose of processing, fulfilling and delivering the order. Customers may exercise their right to access, modify, rectify, oppose and port their personal data by sending a request by e-mail to contact@lecomptoirdespierres.com.
Article 16 - Applicable language - Settlement of disputes - Jurisdiction clause :
In the event of a dispute relating to the interpretation or performance of their agreements, the parties shall, before taking any legal action, seek an amicable agreement and shall provide each other with all necessary information to this end.
Failing an amicable settlement of the dispute within a maximum period of three months, the courts within the jurisdiction of the CDP's registered office shall have sole jurisdiction, to the exclusion of all others. The present clause shall apply even in the event of summary proceedings, incidental claims or multiple defendants or third-party claims, and regardless of the method and terms of payment, without the jurisdiction clauses that may exist in the purchasers' documents being an obstacle to the application of the present clause.
PROVISIONS RELATING TO THE EXERCISE OF THE RIGHT OF WITHDRAWAL
Right of withdrawal: You have the right to withdraw from your order and this quote without giving any reason, within a period of fourteen days. The withdrawal period expires fourteen days after the date of transmission of the quote to Comptoir des Pierres.
To exercise this right of withdrawal, you must notify us of your decision to withdraw by means of a letter unambiguous, and send by registered letter with acknowledgment of receipt, or email, the essential thing being that your withdrawal is sent before the expiry of the withdrawal period of 14 days above. To make it easier for you to exercise your right of withdrawal, you can use the withdrawal form below.
Effects of withdrawal: In the event of your withdrawal, your deposit and any sums paid in respect of your order will be reimbursed no later than fourteen days from the date on which we are informed of your decision to withdraw. We will make the refund using the same method of payment that you used for the original transaction, except in the case of cash payment. This refund will not incur any costs for you.
Withdrawal form
To SAS Atelier Bourgogne Création/ Le Comptoir des Pierres. 42 route nationale 74. 21700 COMBLANCHIEN
I/We .... (write here the first name and address of the consumer) hereby notify my/our withdrawal from quotation no. .... (write here the number of the quotation) signed on .... (write here the date of transmission of the signed quotation to Comptoir des Pierres).
Signature of consumer(s)