NATIONAL GENERAL TERMS AND CONDITIONS OF SALE
Applicable as from:
These general terms and conditions govern all sales and services between the company Fours Fringand (SIRET 415 243 765 00013) (hereinafter referred to as the "Seller"), whether for the sale and installation of a new oven (hereinafter referred to as the "Product") or for its after-sales service (hereinafter referred to as "Service")
These rules apply to sales concluded with clients acting exclusively in the context of their professional activity (hereinafter referred to as "Client").
The information given in the catalogues and brochures is not binding on the Seller, who reserves the right to make any changes to the layout, form, dimensions or materials of his devices, machines and machine parts, the engravings, and descriptions of which appear in his advertising material.
The sales contract shall constitute a definitive and irrevocable commitment for the client from the moment it is signed.
The Seller shall only be bound by commitments that may be made by its representatives or employees subject to written confirmation by himself.
The contract will thus only be perfect for both parties when the Seller in turn gives his agreement. If he does not do so, except in cases of force majeure, within a period of one month, the client shall be released from all his obligations by right.
In the event of stipulation of loan of any kind (financial leasing, bank loan, etc.), obtaining it remains the exclusive responsibility of the client, even if the credit institution is specified on the order form.
The mention of any loan financing on the order form or on the confirmation does not constitute a condition precedent to the sale, the financing being the responsibility of the client.
However, it may be expressly provided that obtaining the loan constitutes a condition precedent to the sale, in which case we must be notified within eight days of a negative response from the credit institution.
The negative answer of the credit institution must then be notified to us within eight days of the sale.
However, failure to fulfil the condition will only result in the sale becoming null and void after a period of two years from the date of the order if there is no financing during this period.
Delivery times in the Seller's factories or warehouses are maintained within the limits of feasibility; delays of a reasonable duration and not attributable to the Seller may in no case justify either the cancellation of the order, or damages or interest.
The Seller is automatically released from any commitment relating to delivery times:
1°) if the payment conditions have not been observed by the client.
2°) if the information to be provided by the Client does not arrive in due time.
3°) if force majeure occurs: see Article III
Any circumstance beyond the control of the parties, preventing or delaying the performance under normal conditions of their obligations, shall be considered as grounds for exoneration from the obligations of the parties and shall result in their suspension if the said circumstance has the characteristics of force majeure. The party who suffers such a circumstance must inform the other party without delay. Force majeure within the meaning of Article 1218 of the Civil Code shall mean any unforeseeable, irresistible event beyond the control of the parties and which cannot be prevented by them, despite the implementation of all reasonable and diligent measures.
Non-exhaustive list of cases of force majeure:
lock-out, strike, epidemic, war, requisition, fire, flood, tooling accidents, scrap of important parts during manufacture, interruption or delay in transport or any other cause leading to total or partial unemployment for the Seller or its suppliers.
The contract will then be suspended for a period of three (3) months from the knowledge of the event and terminated by operation of law if the obligations cannot be fulfilled within this period.
In the event of a breach of obligations by either of the parties, the party that is wronged may give notice to the debtor party to comply with its obligations by registered letter with acknowledgement of receipt. If the aforementioned formal notice remains unfruitful, the injured party may terminate this contract by operation of law.
If the client fails to fulfil its obligations, the Seller may retain the deposit that has been paid as damages resulting from the contractual non-performance. This damage does not deprive him of legal recourse.
The client shall be personally responsible for obtaining the authorisation of the owner of the building and/or the owner of the business when this is necessary for the installation of the equipment.
The client guarantees the capacity of the premises to receive the installation of the equipment sold, in accordance with the regulations and standards that may exist in this area and, particularly, the conformity of the installations with the police regulations, DTU standards, regulations governing construction, and departmental sanitary regulations in force at the location.
The client shall, if necessary, have the plans of the premises, buildings and foundations checked by any expert of his choice, the installation conditions being carried out by said client.
The Products are delivered with connection elements specific to their technology.
The connections are made at the junction points of the supply and discharge pipes with sufficient technical and regulatory characteristics located less than 2 metres from the periphery of the Product and not requiring any intervention on the structure. Any additional costs are at the expense of the client. The equipment is delivered wired bare.
All supplies and connection sockets are the responsibility of the client, as well as the protection or disconnection devices.
Under no circumstances does this sale provide for the supply and installation of ancillary equipment made necessary by, notably, an insufficiency in the power of the energy supply, the pressure and flow of fluids, the draught, or the capacity of the drains.
The client is solely responsible for the condition of the conduits or installations and their compliance with the standards in force.
If the client should have to carry out compliance work, the Seller reserves the right to suspend its obligation to deliver and assemble the equipment until such time as the said work is fully completed, without any right to compensation and/or penalties of any nature whatsoever to be borne by the Seller.
The gas pipes between the meter and the burner, possibly with a valve, dam, and pressure reducer, are always at the client's expense and must be installed by an approved installer. The same applies to electric ovens; the power supply cable and, if applicable, the disconnecting switch and differential contactor between the meter and the oven's control cabinet are at the client's expense and must be installed by an approved electrician.
In certain cases, and with the express agreement of the Seller, the latter may install and start up the Products at the client's expense.
The Products remain the property of the Seller until the price has been paid in full.
The prices of the Products are those in force on the day the order is placed. They are denominated in euros and calculated exclusive of tax. They will be increased by the VAT rate and transport costs applicable on the day of the order. Any change in the applicable VAT rate will be automatically reflected in the price of the Products.
The Seller reserves the right to modify its prices at any time but undertakes to apply the prices in force at the time of sale.
Payment of the price may be made in cash or in instalments, with payment of a deposit, if expressly agreed by the Seller (the form of payment will be decided in the Order Form). No discount will be granted for early payment.
In mainland France, and unless otherwise stipulated in writing, prices are carriage paid and packaging material delivered.
The terms of payment may not be delayed or modified, except in the case of express acceptance by the Seller or in cases of force majeure.
If any invoice or bill of exchange is not paid on the due date, all sums owed by the client shall become immediately payable without the need for a formal notice.
The client shall, moreover, be liable, after written notice with acknowledgement of receipt, for late payment penalties equal to the legal interest rate increased by 10 points, as from the due date.
Damages in the amount of (40) forty euros shall also be payable by the Client for collection costs.
clients benefit from the legal guarantee against hidden defects provided for in articles 1641 and following of the Civil Code. If a hidden defect prior to the sale is discovered after the sale and renders the Product unusable or greatly diminishes the use that can normally be made of it, the client has a period of two (2) years from the discovery of the defect affecting the Product to act.
In addition to the legal guarantee against hidden defects, the Products, subject to a sales contract, benefit from a contractual guarantee of one year from delivery:
To benefit from our annual guarantee, the Products must be fitted with the original burner, or a burner duly approved by the Seller. The client must present proof that the burner has been checked annually by an approved technician.
The warranty on the Products is extended to two years on parts (excluding labour and travel expenses).
The contractual guarantee does not cover "consumables" such as fabrics, bulbs, glass, seals, etc.
The warranty extends to:
The above warranties apply only on condition that our equipment is used and maintained correctly in accordance with the regular maintenance requirements set out in the operating instructions supplied with the oven.
The guarantee is transferable in the event of a change of owner without moving the equipment.
The guarantee will automatically cease if the equipment is moved, even within the premises.
In the event of an accident occurring at any time and for any reason whatsoever, the seller's liability is strictly limited to its own personnel and their supplies.
In any case, should the client wish to hold the Seller liable, the Seller's liability shall be limited to the amount paid by the client for the Products, exclusive of VAT.
The Seller of the Products remains the owner of its brand and of all the intellectual property rights attached to the Products sold. The client may in no case appropriate and exploit in his own name the intellectual property rights relating to the Products unless the Seller expressly wishes otherwise.
In application of the regulations relating to personal data, the client has the following rights in the case of sales made online:
- He can update his data by logging into his account and configuring the settings there.
- He can delete his account, by writing to the following e-mail address: commercial@foursfringand.com or by following the procedure determined on the Seller's website.
- He may exercise his right of access to his personal information by writing to the following e-mail address: commercial@foursfringand.com, in this case and before implementing this right, the Seller may require proof of the client's identity.
- If the personal data held by the Seller is inaccurate, the client may request an update.
- The client may request the deletion of his personal data in accordance with the applicable data protection laws.
In the event of a dispute relating to these general terms and conditions of sale, the Commercial Court of THIONVILLE shall have sole jurisdiction, regardless of the conditions of sale and the method of payment accepted, even in the event of a guaranteed appeal or multiple defendants.
Unique ID number
FR020581_05KRLV
The Unique Identification Number (UIN) is proof for the producer that he is registered with the eco-organisation and up to date with his eco-contributions, as required by law under Articles L541-10 to L541-10-17 of the Environmental Code. The UDI (unique ID number) is used to facilitate the monitoring and control of the producer's compliance with his obligations in the context of his responsibility (Extended Producer Responsibility).
