General Terms and Conditions of Sale
Scope of application
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales of Products concluded by ATELIER AUNEAU.
These conditions are supplemented by the Warranty Notice available in store and provided to the Customer.
They specify in particular the conditions relating to the placing of orders, payment, and collection or delivery of the Products and installation services ordered by the Customer.
The Customer declares that they have read these General Terms and Conditions of Sale and accepted them before placing their order.
As these General Terms and Conditions of Sale may be amended subsequently, the version applicable to the Customer’s purchase is the one in force on the date the order is placed.
Offer – Product Characteristics
The main characteristics of the Products, including technical specifications, illustrations, dimensions or capacity information, are presented in the Seller’s catalogues. The photographs and graphics shown may differ from reality due to the quality of the photography or reproduction.
The Customer is required to refer to the description of each Product in order to understand its essential properties and characteristics.
Despite any advice provided, the decision to enter into the contract remains exclusively that of the Customer.
Product offers are subject to availability.
Order
An initial estimate may be prepared based on the information provided by the Customer before the quotation is issued. This estimate has no contractual value.
A quotation is prepared based on the dimensions and measurements determined by the Seller.
This quotation is valid for 30 calendar days from the date of issue.
This quotation includes a description of the work required for the installation of the Products which is not included in the price.
The sale shall only be considered final once the Customer has signed the Order Form and paid the full amount of the deposit due upon signing the Order Form.
It is the Customer’s responsibility to check the accuracy of the order and immediately report any errors.
The benefit of the order is personal to the Customer and may not be transferred without the Seller’s agreement.
Modification – Cancellation of Order
Any modification or cancellation of an order requested by the Customer may only be taken into consideration if submitted in writing.
Any modification or cancellation requires the Seller’s express agreement.
Any modification to an order accepted by the Seller may result in the issue of a new quotation.
The payment of one or more deposits does not in any way give the Customer the right to cancel their order by forfeiting the deposit(s) paid towards the sale price. Under no circumstances shall these deposits be considered cancellation deposits.
In the event of cancellation of the order by the Customer, after its acceptance by the Seller, for any reason whatsoever other than force majeure, any deposits already paid shall automatically remain with the Seller and shall not give rise to any refund.
The Seller reserves the right to seek specific performance of the contract and/or payment of damages.
Price
The sale prices of the Products and Services are those applicable at the time the order is placed, as communicated (by post, email or hand delivery) or displayed in store.
Prices are firm and non-revisable during the 30-day validity period of the quotation, with the Seller reserving the right, outside this validity period, to change prices at any time.
Prices include all taxes calculated at the applicable rate. Delivery charges are invoiced separately and are specified in the quotation.
Payment Terms
Payment for the order is required according to the following terms:
For any Customer order below €1,000 including VAT
Payment of 100% of the total price of the Order Form is required when the Customer signs the Order Form.
For any Customer order between €1,000 and €2,000 including VAT
A first deposit of 50% of the total price of the Order Form is required when the Customer signs the Order Form.
This first deposit paid when placing the order is automatically retained and cannot give rise to any refund, except in cases of force majeure (see Article 15)
A second and final payment of 50% of the total price of the Order Form is required 7 days before the scheduled installation date at the Customer’s premises or the date on which the products are made available at the Seller’s premises, as indicated on the Order Form.
For any Customer order above €2,000 including VAT
Where the Seller is responsible for installation at the Customer’s premises
A first deposit of 40% of the total price of the Order Form is required when the Customer signs the Order Form. This first deposit paid when placing the order is automatically retained and cannot give rise to any refund, except in cases of force majeure (see Article 15)
A second deposit of 50% of the total price of the Order Form is required 7 days before the scheduled installation date at the Customer’s premises indicated on the Order Form
In the event that the installation date is postponed due to the Customer (for example due to delays in building work, delays in the purchase or sale of a property, etc.), part of the second deposit shall be required 7 days before the installation date originally indicated on the Order Form
In the event that the installation date is postponed by the Seller, the second deposit shall be required on the rescheduled installation date
A third and final payment of 10% of the total price of the Order Form is required on the final day of installation at the Customer’s premises
Where the Seller is not responsible for installation at the Customer’s premises
A first deposit of 40% of the total price of the Order Form is required when the Customer signs the Order Form. This first deposit paid when placing the order is automatically retained and cannot give rise to any refund, except in cases of force majeure (see Article 15)
A second and final payment of 60% of the total price of the Order Form is required 7 days before the scheduled date on which the products are made available at the Seller’s premises, as indicated on the Order Form.
In the event that the date on which the products are made available is postponed due to the Customer (for example due to delays in building work, delays in the purchase or sale of a property, etc.), part of the second and final payment shall be required 7 days before the originally scheduled availability date indicated on the Order Form
In the event that the availability date is postponed by the Seller, the second and final payment shall be required on the rescheduled availability date
Payments shall be made by bank transfer (bank details provided on the Order Form and invoices) or by bank cheque.
In the event of payment by bank cheque, the cheque must be issued by a bank established in mainland France or Monaco. The cheque shall be deposited immediately.
Payments made by the Customer shall only be considered final once the Seller has actually received the amounts due.
Customers who have signed the Order Form shall be jointly and severally liable for payment of the price. As such, the Seller may require payment of the full price from any of the jointly and severally liable debtors.
Late Payment
In the event of failure to pay any single instalment, any remaining amount due by the Customer shall become immediately payable.
In addition, in the event of non-compliance with the payment terms set out above, the Seller reserves the right to suspend or cancel delivery of any orders in progress placed by the Customer.
No additional costs exceeding the costs borne by the Seller for the use of a payment method may be charged to the Customer.
Availability, Delivery and Installation
DATE OF AVAILABILITY OR DELIVERY OF THE PRODUCTS
The date for collection or delivery of the Products shall be agreed jointly with the Customer when the Order Form is signed.
The delivery or availability period is indicated on the Order Form signed by the Customer.
Delivery consists of transferring physical possession or control of the Product to the Customer.
DELIVERY
The Customer undertakes to allow and guarantee access to the premises in which the Products are to be installed.
Delivery shall be made to the address provided by the Customer. It is the Customer’s responsibility to be present or represented (provided that the Seller has been informed in advance) on the scheduled date and at the scheduled time of delivery.
Kitchen Installation
In order to ensure the best possible conditions for installation of the kitchen by the Seller, before the first day of installation the Customer undertakes to: - provide the technical plan prepared by the Seller to all persons (electrician, plumber, plasterer, etc.) working on the site and ensure that this technical plan is strictly complied with by everyone - check that all electrical and plumbing work has been completed in the kitchen installation area - check that all electrical sockets and socket covers have been installed in this area - check that there is nothing behind the locations of the household appliances (no electrical sockets, cables, etc.) - if a glass splashback is planned (regardless of its colour): paint the splashback area white (from the worktop up to 5 mm below the planned top edge of the splashback)
check that the extractor hood duct, where applicable, has been correctly installed and is ready to be connected
If painting work is planned, the Seller recommends painting the kitchen walls before the kitchen is installed.
Installation of the kitchen by the Seller takes place in several stages over a period ranging from two to six weeks depending on the materials selected.
MODIFICATION OF THE AVAILABILITY OR DELIVERY DATE
If the initially agreed delivery or availability date needs to be changed by the Seller, the Seller undertakes to inform the Customer and offer alternative dates.
The delivery or availability period may be extended if the Customer modifies their order, if access to the installation site is impossible, or if the Customer fails to comply with the payment terms.
Except in specific circumstances or where one or more Products are unavailable, the Products ordered shall be delivered in a single delivery. The Seller undertakes to make every effort to deliver the Products ordered by the Customer within the periods specified above.
If the Products ordered have not been delivered within 30 days following the delivery date, for any reason other than force majeure, the sale may be cancelled at the Customer’s written request under the conditions provided for in Articles L 138-2 and L 138-3 of the French Consumer Code if, after formally requesting the Seller by registered letter with acknowledgement of receipt or in writing on another durable medium to carry out the delivery or provide the service within a reasonable additional period, the Seller has failed to do so within that period.
The amounts paid by the Customer shall then be refunded no later than fourteen days following the date on which the contract is terminated, excluding any compensation or deduction.
Receipt of Products
Where the Products are collected by the Customer, the Customer undertakes to collect the Products on the date indicated on the Order Form.
If the Customer does not collect the Products on the agreed date, the Seller shall retain them for a period of 30 days, after which the Seller may dispose of them.
If the Customer fails to collect the Products within eight days following receipt of formal notice, a fixed amount of €50 per week of delay shall be invoiced.
The Customer is advised to inspect shipments upon arrival and to make any reservations and claims that appear justified, or even refuse the package if it appears to have been opened or shows obvious signs of damage.
Likewise, the Customer or their representative is advised to check the condition of the Products and make all necessary observations in the event of breakage, damage or missing items, recording their reservations on the delivery note.
The Customer must immediately inform the Seller.
Retention of Title and Transfer of Risk
Ownership of the Seller’s Products shall only be transferred to the Customer once the Customer has paid the full price, regardless of the delivery date of the Products.
Regardless of the date on which ownership of the Products is transferred, the transfer of the risks of loss and damage relating thereto shall only occur when the Customer physically takes possession of the Products. The Products therefore travel at the Seller’s risk.
However, if the Customer chooses to use a carrier other than the one proposed by the Seller or decides to collect the Products themselves, the Customer bears the delivery risk as soon as the Product is handed over to the chosen carrier or to the Customer.
Warranty
The Products offered for sale comply with the regulations in force in France and have performance characteristics compatible with non-professional use.
The Products supplied by the Seller benefit automatically and without additional payment, in accordance with legal provisions, from:
-The legal guarantee of conformity, for Products which are apparently defective, damaged or do not correspond to the order at the time of immediate purchase,
-The legal warranty against hidden defects resulting from a defect in material, design or manufacture affecting the Products delivered and rendering them unsuitable for use.
In order to exercise their rights, the Customer must inform the Seller in writing of the non-conformity of the Products within a maximum period of 30 days from its discovery.
The Seller shall refund, replace or arrange for the repair of Products or parts under warranty found to be non-compliant or defective.
In the event of delivery, shipping costs shall be refunded on the basis of the amount invoiced and return costs shall be refunded upon presentation of supporting documents.
Refunds for Products deemed non-compliant or defective shall be made as soon as possible after their return to the manufacturer.
The refund shall be made by bank cheque sent to the Customer.
The Seller shall not be held liable in the event of misuse, professional use, negligence or lack of maintenance by the Customer, or in the event of normal wear and tear of the Product, accident or force majeure.
In all cases, the Seller’s warranty is limited to replacement or refund of Products that are non-compliant or affected by a defect.
REMINDER OF APPLICABLE LEGAL PROVISIONS
Article L 217-4 of the French Consumer Code
The Seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. The Seller is also liable for any lack of conformity resulting from packaging, assembly instructions or installation where the Seller is responsible for installation under the contract or where installation has been carried out under the Seller’s responsibility.
Article L217-5 of the French Consumer Code
To comply with the contract, the goods must:
1° – Be suitable for the use normally expected of similar goods and, where applicable:
Correspond to the description given by the Seller and possess the qualities presented to the buyer in the form of a sample or model.
Possess the qualities that a buyer may legitimately expect in view of public statements made by the Seller, the producer or their representative, particularly in advertising or labelling.
2° – Or possess the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the Seller’s attention and accepted by the Seller.
Article L217-12 of the French Consumer Code
Any action resulting from a lack of conformity shall be time-barred two years after delivery of the goods.
Article 1641 of the French Civil Code
The Seller is bound by the warranty against hidden defects in the goods sold which render them unfit for the use for which they are intended, or which so diminish such use that the buyer would not have purchased them, or would only have paid a lower price, had they been aware of such defects.
Article 1648, paragraph 1 of the French Civil Code
Any action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
EXCLUSION OF WARRANTY
The warranty applies only if the Products have been used normally and under normal conditions. We accept no liability where appliances have been exposed to excessive humidity, nor can this warranty apply in the event of damage caused by factors unrelated to the intrinsic qualities of the appliance, such as intervention by a third party or incorrect use or use that does not comply with maintenance instructions.
The warranty does not cover damage resulting from installation or assembly errors where the Customer has carried out the installation themselves or has appointed a third party to carry it out.
The Customer is responsible for any intervention carried out by themselves or by a third party and for its consequences.
Spare Parts
The period during which spare parts are available for the relevant Products is specified in the Warranty Booklet according to the Products concerned.
Liability
The Seller shall not be held liable for any loss or damage that is not directly related to the Products or their installation.
The dimensions and measurements taken by the Seller are intended solely for the Seller’s own use. These measurements shall not give rise to any liability on the part of the Seller if the Customer carries out or arranges for a third party to carry out the installation of their kitchen.
Where the work and/or services contemplated require authorisation from a third party (building permit, co-ownership approval, works authorisation, etc.), the Customer is solely responsible for obtaining such authorisation and the Seller shall not be held liable in this respect.
Failure to obtain an authorisation shall not incur the Seller’s liability during performance or after the installation services.
The Seller shall not be held liable for any delays resulting from a lack of cooperation by the Customer (information not provided, incorrect information, unavailability on agreed dates, etc.).
Complaints
Complaints must be addressed to the Seller
By email: contact@atelier-auneau.fr
By post: ATELIER AUNEAU 1207 Route de Mérillan 47120 MONTETON
By telephone: 05 32 65 01 78. Complaints made by telephone must also be accompanied by an email or letter in the event that the Product is returned.
Intellectual Property
All technical documents, products, drawings, photographs and, in particular, 3D plans provided to the Customer remain the exclusive property of the Seller, who is the sole holder of the intellectual property rights relating to these documents, and must be returned to the Seller upon request.
The Customer undertakes not to make any use of these documents that could infringe the Seller’s industrial or intellectual property rights and undertakes not to disclose them to any third party.
Force Majeure
In the event of force majeure, meaning any event beyond the control of the Parties, including in particular war, acts of war, boycott, strike, natural disaster, disruption of transport systems, flooding, storms, explosions, fire, interruption of electronic communications, or shortages of raw materials, delivery may be suspended until the event in question has ceased, for a period not exceeding one month.
If the suspension lasts longer than one month, the contract may be cancelled automatically, subject to either party giving 7 days’ notice by registered letter with acknowledgement of receipt.
Miscellaneous
If any provision of these General Terms and Conditions is declared null and void or deemed unwritten, all other provisions shall continue to apply.
The Seller’s failure to invoke any provision of these General Terms and Conditions shall under no circumstances be interpreted as a waiver of the right to invoke it subsequently.
Data Protection and Privacy
Pursuant to French Law No. 78-17 of 6 January 1978, it is recalled that the personal data requested from the Customer is necessary for processing their order.
This data may be communicated to any of the Seller’s partners responsible for carrying out, processing, managing and receiving payment for orders.
The processing of information communicated through the Website has been declared to the CNIL.
In accordance with applicable national and European regulations, the Customer has a permanent right to access, modify, rectify and object with regard to information concerning them.
This right may be exercised under the conditions and according to the procedures defined in the Website’s Terms of Use section.
Applicable Law – Disputes
These General Terms and Conditions of Sale and the transactions resulting from them are governed by and subject to French law.
In the event of a dispute, the Customer shall first contact the Seller in order to seek an amicable solution.
The Customer is informed that they may, in any event, use conventional mediation, in particular through the Consumer Mediation Commission (Art. L 534-7 of the French Consumer Code), through the “Online Dispute Resolution” platform (ODR; http://ec.europa.eu/consumer/ord/iapn9351), through existing sector-specific mediation bodies, or through any alternative dispute resolution method (such as conciliation) in the event of a dispute.
Failing this, the competent courts shall be the French courts in accordance with the rules of the French Code of Civil Procedure.
The language of the contract is French. In the event that these General Terms and Conditions of Sale are translated into a foreign language, only the French version shall be legally binding.
Pre-contractual Information – Customer Acceptance
The Customer acknowledges having received, prior to placing their order, in a legible and comprehensible manner, these General Terms and Conditions of Sale and all information referred to in Articles L111-1 to L111-7 of the French Consumer Code, and in particular:
-The essential characteristics of the Product, taking into account the communication medium used and the Product concerned;
-The price of the Products and any additional costs (delivery, for example);
-The date or period within which the Seller undertakes to deliver the Products;
-Information relating to the Seller’s identity, postal address, telephone number and electronic contact details, and activities,
-Information relating to legal and contractual warranties and the procedures for implementing them;
-The possibility of using conventional mediation in the event of a dispute;
-Information relating to the right of withdrawal (existence, conditions, period, procedure for exercising this right and standard withdrawal form), the costs of returning the Products, termination procedures and other important contractual conditions.