1. GENERAL CLAUSE
The present General Conditions of Sale aim to define the parties’ rights and obligations within the limits of the sale of products by the Company LES PIEDS SUR LA TABLE, hereafter named LES PIEDS SUR LA TABLE. These conditions apply to all sales and prevail over any other additional or conditional terms except in cases of a formal and explicit dispensation on the part of LES PIEDS SUR LA TABLE. When confirming an order, THE CLIENT acknowledges to have read these conditions and agrees to accept them without reservation.
2. QUOTATIONS AND ORDERS
Orders are preceded by an individual feasibility study made up of plans and quotations in accordance with the specifications expressed by THE CLIENT. The documents of the feasibility study are sent to THE CLIENT for validation and acceptance. The order will only be considered firm and valid after formal approval by the CLIENT of the individual feasibility study and quotations as witnessed by signature of the documents; no claim will be admissible on restrictions or non-conformities insufficiently described in the aforementioned plans and studies.
Quotations and orders are considered as Special Conditions and may supplement or amend these General Conditions.
By delivery, it is understood to mean delivery of products to THE CLIENT’s address specified in the order. Delivery will only be made after the full balance of the order has been paid. In case of non-payment of the balance, the delivery company is entitled to leave with the products. THE CLIENT must check the conformity of the products in quantity and quality. In case of non-conformity or complaint, THE CLIENT must notify in writing on the delivery slip presented to him/her at the time of delivery. No claims will be accepted thereafter. THE CLIENT must provide full evidence of any stated defects or anomalies and must offer LES PIEDS SUR LES TABLE every opportunity to certify these defects and provide a remedy. THE CLIENT must refrain from any intervention by himself/herself or any third party for this purpose.
4. DELIVERY TIME
The estimated delivery date of products features on the order form. Any eventual delays in delivery requested by THE CLIENT which incur storage costs may be passed on to him/her.
5. SETTING UP AND ASSEMBLY
Services for setting up, removing packaging and assembly requested by THE CLIENT can be undertaken by LES PIEDS SUR LA TABLE following delivery of the products if THE CLIENT so requests. Setting up includes making an appointment, moving products from the street to the room designated to receive the products, unpacking, checking their condition, positioning products, removing packaging. Assembly includes assembling products, wall mounting if required, as well as all setting up services described above.
THE CLIENT must be present and ensure that all means of access are clear (stairs, corridor) and that the location of the products to be accommodated is identified, clear and clean.
6. MODIFICATION OR CANCELLATION OF ORDER
All modification or cancellation of orders requested by THE CLIENT will only be admissible after a written request received within 7 days of the original order and accepted by LES PIEDS SUR LA TABLE, in accordance with current legislation. Any operation or supplies not provided for in the original quotation, either at the request of THE CLIENT, imposed by unforeseen circumstances in the place of setting up, or imposed by a Public Authority, will result in an additional charge taking into account any additional supplies and time spent.
Except for implementation of Article 9 – Warranty, no return of sales will be made.
THE CLIENT may cancel any order within the statutory period of 7 calendar days and recover any deposit paid. After this time, no cancellations will be accepted and no deposit or payment will be returned.
Moreover, it is not possible to cancel orders of any custom-made products for THE CLIENT (i.e. personalised products). If in exceptional cases, a custom-made order was cancelled after the statutory period of 7 days, THE CLIENT cannot recover any amount already paid.
7. PRICES AND CONDITIONS OF PAYMENT
Prices are in Euros. They are firm and valid for 2 months.
Products are custom-made for each order, prices are indicated on the order forms. Unless otherwise specified in the order form, product prices include the products as well as suitable packaging for their transport.
Transport services, taxes, customs clearance, delivery, setting up and assembly are the subject of fixed prices and are specified separately on the order form. In case of delivery outside France, custom duties are the responsibiity of THE CLIENT.
Except for specific prior agreement, full 100% payment must be made on orders by cash, bank transfer or cheque made payable to LES PIEDS SUR LA TABLE. No discount can be granted for early payment.
Invoices are issued and sent to the address of THE CLIENT featured on the order form.
8. FAILURE TO PAY – RETENTION OF OWNERSHIP
The ordered products remain the property of LES PIEDS SUR LA TABLE until full and final payment of their price in accordance with the terms of law n°80 335 of 12 May 1980. LES PIEDS SUR LA TABLE reserves the right to reclaim ordered products in the event of non-payment. Thus, in case of non-payment of the full balance of THE CLIENT’s order, the delivery firm is entitled to leave with the products.
The transfer of ownership takes place according to common sales law notwithstanding any retention of ownership which cannot be lifted if it is not accompanied by a signature of one of our authorised representatives.
The transfer of risks takes place on delivery of the merchandise at the place indicated on the order form. Acceptance of delivery and associated documents constitutes acceptance of this clause.
9. LENGTH AND SCOPE OF WARRANTY
– Our products are guaranteed one year from the date of shipment for parts and labour against all default in manufacture or raw materials. For trade merchandise, the manufacturers’ guarantee takes precedence. Any intervention under the warranty does not extend it.
– The warranty is limited to LES PIEDS SUR LA TABLE repairing or replacing any part found to be defective. This warranty does not apply to lighting lamps, UV tubes and electrical components damaged due to abnormal variations in voltage or due to improper use against specifications. The warranty does not apply to damage related to normal wear and tear, in cases of damage caused by neglect, lack of maintenance, inexperience, or use of toxic or corrosive products by THE CLIENT or a third party.
– Tampering with or modifying any materials by THE CLIENT or a third party on guaranteed materials makes null and void any recourse to LES PIEDS SUR LA TABLE.
– The products are deemed to comply with regulatory requirements in force on the date of delivery; LES PIEDS SUR LA TABLE is not held liable for any consequences following a subsequent amendment of the aforementioned.
– No compensation is payable in the event of immobilisation of materials for repair under warranty.
As products are custom made according to the order of THE CLIENT, no return will be accepted outside of defects covered in Article 9, Warranty.
After written acceptance by LES PIEDS SUR LA TABLE, products must be returned in their original undamaged packaging. Return costs are the sole responsibility of THE CLIENT. LES PIEDS SUR LA TABLE will only reimburse costs in the event the article received is not the one ordered or it arrived damaged. LES PIEDS SUR LA TABLE reserves the right to refuse or not to refund returned articles if it finds that the articles have been used or damaged by the buyer.
11. INTELLECTUAL PROPERTY
LES PIEDS SUR LA TABLE holds the intellectual property rights, creation, design, reproduction, manufacture, distribution and marketing of all products of the brand and all custom made changes, plans, drawings, studies and documents for the project needs of ITS CLIENTS. The products are the subject of copyright Design and Models of INPI.
As a result, the partial or total reproduction, on any media whatsoever, of the collection’s products, their use and their arrangement are strictly prohibited.
In case of any eventual dispute and in the absence of mutual agreement between the parties, the Tribunal of Commerce of NANTERRE shall have exclusive jurisdiction, notwithstanding multiple defendants or warranty appeals, regardless of place of delivery or method of payment. In all circumstances, the applicable law is French law.