General conditions of sale
BEL ŒIL – GENERAL CONDITIONS OF SALE
1. – THIS ORDER FORM HAS A FIRM AND DEFINITIVE CHARACTER
However, in the event that a credit longer than 3 months is requested at the time of the sale or prior to the sale, the sale will not become final until the prior offer provided for by the law will become even.
2. – DELIVERY TIME
The specified time period for the sale of products of current manufacture is firm. With regard to the sale of personalized products the time is indicative.
3. – ORDERS AND REASSURANCE
Orders which are always subject to delivery of a numbered voucher from us are taken into consideration only after the payment of a deposit whose amount is determined between the parties. We cannot guarantee the reassortment of the furniture sold and to be responsible for it only to the extent of our possibilities or the possibilities of the manufacturer.
4. – CHANGES IN ORDERS
Any quantitative or qualitative change in an order that has become final can only be accepted if it does not interfere with the manufacture or supply. It could, if necessary, give rise to an increase in tariff prices and determine a new delivery period.
5. – CANCELLATION OF ORDERS
No cancellation, total or partial to the final order can be accepted without a written agreement from us.
6. – SHOPPING
If after delivery of the goods, the delivery date is rejected by the buyer, the goods will be considered as delivered, on the date of availability. Billing will be done on this date. After making available, furniture stored in our stores may remain there for one month at our expense. At the end of this period and after formal notice to have to take possession of the furniture, we will then be entitled:
• to charge the customer the cost of storage in our stores;
• to put the goods in furniture storage at the expense and risk of the recipient.
7. – TERMS OF DELIVERY
Subject to the observation by the buyer of the prescriptions provided for in article 10 below, we undertake to bear the risks of transport
– except when the buyer takes the goods or deals with the carrier himself.
Unless otherwise agreed by us or unless the buyer is responsible for carrying or arranging for the furniture to be transported, furniture will be assembled by us.
In the case of apartment installation work, the transfer of ownership takes place as and when the owner or the designer to receive the work or when the progress reports are submitted – subject to the the retention of title clause in Article 13.
The buyer will remain liable in the event that the goods ordered cannot be brought into the buyer’s home because of the small size of the premises or the means of access to them – except in the possibility where the difficulty would have been expressly indicated to us at the time of the order and would be mentioned on the order form.
In this case, the goods would be reinstated in our premises and the invoice would become immediately due. The customer will then make his personal case for the routing and assembly of this furniture in their premises.
8. – PAYMENT
Payment is made in the conditions provided at the time of the order.
Unless otherwise agreed, the payment of the balance of the invoice must be paid to the delivery person.
In the case of a partial delivery requested by the customer, the buyer must, in addition to the deposit already paid, settle the furniture actually delivered, and may not, under any circumstances, postpone this regulation to the date of delivery of the balance of the order.
In the case of payment by draft for a period not exceeding 3 months from the date of delivery, it is agreed that, in the absence of payment of one of the due dates, all remaining sums due by the buyer become due immediately and automatically 8 days after the sending of a formal notice by registered letter with A.R.
In addition, we reserve the right to charge bank fees or overdraft charges that we would have to bear due to the extension of the due date.
The buyer or his agent is obliged to check the goods at the time of delivery and – in case of damage due to transport – must mention on the delivery note the reservations he intends to make about the condition of the furniture received. In addition, the purchaser must imperatively notify the carrier of the damage observed (stating the damaged goods and the nature of the damage) by registered letter expedited within 3 days – not including holidays – following receipt; a copy of the said letter will be sent to us at the same time. Failing to comply with these requirements and if our company thereby lost its possibilities of recourse against the carrier, the buyer would bear the consequences of the transport damage alone. In case of non-compliance of the furniture with the characteristics provided for when ordering or in case of apparent defect presented by the furniture sold, the buyer has a period of 24 hours from delivery – not including Sundays or holidays – to notify the seller. Otherwise it will be foreclosed. Any defect resulting from clumsiness or mishandling by the buyer can not be associated to us.
Our warranty is limited to 18 months from the day of delivery, it can only apply if the furniture has been used after normal use, under normal conditions: we therefore disclaim any liability in the event that furniture is particularly subject to the influence of heating or excessive moisture; we can not obviously apply this guarantee in the case of deterioration caused by causes other than the intrinsic qualities of the furniture. Our warranty does not cover the consequences of normal wear and tear of the furniture at the time of the claim. Similarly, our warranty does not cover damage resulting from assembly or assembly errors when the customer has taken charge of himself or a third party of this assembly or assembly. However, we apply, in any case, the legal warranty under which we guarantee the buyer without limitation of duration against all consequences of defects and latent defects that may be disclosed the goods sold, provided that they are reported to us as soon as they are seen.
11. – RETURN
No merchandise may be returned to us without our prior consent and our return instructions. -CLAUSE OF RETENTION OF PROPERTY The seller reserves the right of ownership of the goods delivered until full payment of all the supplies due under the terms of this contract. To claim the benefit of this clause, it will suffice for the seller to make known his formal desire to be returned the goods by a simple registered letter with AR addressed to the buyer – or possibly his trustee.It is nevertheless expressly stated that – except for the application of the guarantee clause provided for in article 11 above – the buyer will be responsible for the goods deposited in his hands as soon as they are physically delivered – the transfer of possession entailing the transfer of risks. The buyer will therefore have to make all necessary arrangements and if necessary any insurance to mitigate the possible destruction – partial or total – of the goods whatever its origin.