GENERAL TERMS AND CONDITIONS OF SALE
Art 1. SCOPE
These general terms and conditions of sale are applicable to all sales made by any CLIENT, whether the CLIENT is professional or private, from the SELLER ATELIER GEORGE though all availables channels, including online sale via the website of the SELLER ATELIER GEORGE (https://www.atelier-george.fr/). They prevail over any other general or specific conditions of a CLIENT, unless expressly agreed and duly confirmed in writing by us. Any modification of one or several articles of these General Conditions of Sale does not affect the validity of the other terms. Any order accepted by the CLIENT as well as any shipment of an order implies the unreserved adherence of the CLIENT to all of the present general conditions of sale. We reserve the right to change our terms and conditions and prices at any time.
Art 2. TERMS OF THE ORDER & MODIFICATIONS
Any order from the CLIENT will be confirmed within 8 days, by any evidentiary means (email, mail). The period within which the company agrees to ship the product will be indicated in the confirmation. Any modification of the order by the CLIENT or SELLER must be confirmed by registered letter with return receipt. If the work has already been completed (in whole or in part), the CLIENT undertakes to bear all the costs incurred (material and working). Any modification of the order implies the delay of delivery and the acceptance by the CLIENT of the additional costs. We reserve the right to suspend or cancel the production of the product in cases of force majeure and / or fortuitous events.
Art 3. PRICES, TERMS OF SALE & PAYMENT
Our price schedule is subject to change as often as the economic situation requires. Our prices are always expressed excluding taxes (excluding VAT and national taxes applicable in the territory of destination). Whatever the terms of the sale, the products travel at the risks of the CLIENT as soon as they are handed over to the carrier. For any price request including transport (CPT or CIP agreed destination point) or any incidental expenses (translation, various certifications …) please contact us. The SELLER can in no way be responsible for the carrier’s delay at destination. The payment of our invoice can not exceed 30 days maximum as of the date of shipment or removal of the product. We may be required, depending on the case, to request a down payment or advance payment. Any late payment will be subject to late payment penalties. These penalties will be automatically owed by the CLIENT and will be calculated on three times the legal bank interest rate in force on the day of the late payment, in accordance with the Law of Modernization of the Economy (Sept. 2008). A minimum collection fee of 40 € will be charged. In case of dispute (invoice wording, etc.) the CLIENT must notify us within 8 days by any evidentiary means (email, mail …).
Art 4. PROPERTY RESERVATION CLAUSE
The SELLER retains ownership of the property sold until the invoice is fully paid (in principal and accessories). Failure to pay may result in claiming the property. These provisions shall not preclude the transfer to the CLIENT of the risk of loss and deterioration of the goods sold as well as any damage which they may cause and / or suffer as soon as they are made available (see Art. 3). It is the purchasing CLIENT’s responsibility to take all necessary measures to ensure the perfect preservation of the products delivered to him.
Art 5. TIME LIMIT FOR MAKING THE GOODS AVAILABLE
Our time limit is given as an indication. It may be postponed in the event of unavailability of materials, equipment and in all cases related to force majeure. In the event that the production can not be started, the CLIENT will be able to accept the postponement of the time limit or to request the cancellation of the order, within 8 days notified by registered letter with return receipt. The time limit in making the products available will be confirmed only after receipt of all the documents necessary for the execution of the order. Article 2 of our general terms and conditions of sale concerning the aforesaid time limit, in case of modification of order, applies de facto. In any event, no penalty for late availability of the products may be charged to the SELLER.
Art 6. RECEIPT OF PRODUCTS FOR DESTINATION
The consignee undertakes to accept in accordance with the rules the products which are under his responsibility. In case of damage at destination (missing or damaged parcels, …) the CLIENT undertakes to verify the integrity of the package (external appearance and content), and to note in writing on the transport voucher the problems. Within three days, the CLIENT will have to send a registered letter with return receipt to the carrier and notify us by any means. In the event of a breach of this rule (article 9 of Decree No. 99-269 of 6 April 1999) neither the liability of the carrier nor the use of insurance can be exercised in favor of the CLIENT under whose responsibility the products travel (See Art. 3 of these Terms and Conditions). We make available to the CUSTOMER a data sheet “terms and conditions of receipt” that the CLIENT undertakes to follow or have enforced by any person charged on his behalf to receive the parcels.
Art 7. LIABILITY & WARRANTY
All our products are checked before shipment. We make every effort to protect the product during its shipment (packaging, marking). The obligations at destination (Art. 6 of the present General Terms and Conditions of Sale) apply de facto. The CLIENT also undertakes to verify the conformity of the products upon receipt and to formulate any complaint by registered letter with return receipt within seven days of receipt, in case of non-conformity of the product. In case of non-conformity of the product, our responsibility is limited only to the refund of the price paid by the CLIENT to the SELLER; no penalties may be charged to the SELLER. We understand by “non-conformity” a shipping error, a production defect rendering the product out of use or not fulfilling its function of use, as defined upstream by the CLIENT and the SELLER. The conformity of our products can not be questioned for criteria relating to their manufacture in small series and their artisanal character. The variations in shape, size and color are due to the manufacturing process and can not establish a non-conformity of the products. Photographs illustrating the products on all communication media (printed and digital) do not enter the contractual field. For any purchase of a product incorporating an electrical system (lighting, installation, sculpture), the SELLER can not be held responsible for an electrical malfunction or the breakage of the glass object linked to an electrical misuse. The SELLER undertakes to use only electrical and lighting systems to the standards in force in its country. The SELLER can not be held responsible for any cause of breakage or degradation of the glass object held by the CUSTOMER who, due to its receipt, validates its conformity with the contract.
Art 8. APPLICABLE LAW & COMPETENT COURTS
Any dispute relating to the execution of these General Terms and Conditions of Sale, even in the event of a warranty claim or multiple defendants, shall, in the absence of an amicable agreement, be the exclusive jurisdiction of the Courts of CHALON SUR SAONE (France) and shall be governed exclusively by French law.
ATELIER GEORGE – GENERAL CONDITIONS OF SALE – updated: August 2017