Terms & Conditions
IDENTIFICATION OF THE SELLER
ROBERT RIVETT Sole Proprietorship
Telephone number: 02 96 43 67 16
These general conditions of sale (GTC) govern all sales concluded by ROBERT RIVETT Entreprise Individuelle with its customers, including internationally. These general conditions prevail over any other document issued by the customer. Any modification of these general conditions is immediately applicable to subsequent orders and on the date of this modification. ROBERT RIVETT Entreprise Individuelle reserves the right to refuse to conclude a sale, to conclude it under conditions derogating from the present or to cancel an order, in particular in the event of the customer's insolvency, a previous payment incident, credit insurance cover totally or partially refused
Sales concluded with customers who are consumers are subject to the same general conditions of sale to which are added the provisions referred to in Articles 2, 5, 9 and 13 hereof. In addition, in the event of a contradiction between the provisions of this article and certain provisions of these GCS, the former prevail.
All our gates are made from Scots pine wood treated in class IV autoclave.
All our posts are made of class IV autoclave treated Scots pine wood.
Wood is a natural product and will have natural flaws
2 - APPLICABLE LAW – SETTLEMENT OF DISPUTES
All sales, including exports, are subject exclusively to French law. Any dispute relating to the formation or execution of sales falls within the exclusive jurisdiction of the Courts, even in the event of summary proceedings, incidental claims, multiple defendants or warranty claims and regardless of the terms of payment. The customer must reimburse all the costs incurred by ROBERT RIVETT Entreprise Individuelle, caused by the legal recovery or not of the sums due, including the fees of legal officers and other legal auxiliaries.
This jurisdiction clause is not applicable if the customer is a consumer.
3 – OFFER/CONCLUSION OF THE SALE
The offers of ROBERT RIVETT Entreprise Individuelle have a period of validity provided for by the terms of the web page or the prospectus or catalog concerning them. The photographs, texts, graphics, and other elements illustrating the Products offered by the Company on the Site are given for information only and are subject to change without notice.
Orders are validly issued verbally or in writing (web, fax, mail, etc.). The sale is concluded by the customer's order and irrevocably commits the latter. In most cases, the customer is contacted by telephone to clarify the terms of the sale.
Certain promotional offers may impose product minimums to be ordered. No order will be accepted below these conditions.
4 – DELIVERY - DELIVERY
ROBERT RIVETT Sole Proprietorship is deemed to have fulfilled its delivery obligation as soon as the Products are delivered to the place of delivery agreed with the Customer. The delivery time is always given as an indication and is in principle 21 to 30 working days from the day of the order, unless the product ordered is unavailable. The maximum delivery time is 30 days from the day of the order.
The customer agrees to be ready to receive the products on the day, at the time and at the agreed place. The customer authorizes ROBERT RIVETT Entreprise Individuelle, without penalty of any kind, to make partial deliveries.
Any refusal by the Customer to accept all or part of the Order must be duly justified. Otherwise, the Company shall be entitled to deduct the amount of the Order or, where applicable, the balance of the Order remaining to be paid within forty-eight (48) hours of said refusal.
Delivery on time can only occur if the customer is up to date with his obligations to our company, whatever the cause.
5 – COMPLIANCE – RECEPTION
The conformity of the Products (condition, absence of defect, quantity, etc.), as well as their destination and conditions of use, must be checked by the customer upon receipt. In the event of removal of the products by the customer, any reservation or dispute relating to the conformity of the products must be noted on the removal slip.
In the event of organization by ROBERT RIVETT Individual Company of the transport of the products, any reservation or dispute relating to the conformity of the products must be noted by the customer on the delivery note and be confirmed to the carrier under the conditions of article L 133 -3 of the Commercial Code, as well as to ROBERT RIVETT Sole Proprietorship by registered letter with acknowledgment of receiptption sent within 3 days (not including public holidays) of the date of delivery of the products.
Failing compliance with these conditions, the products will be irrefutably deemed to be compliant and ROBERT RIVETT Entreprise Individuelle's liability cannot be called into question in this respect, the customer being held responsible for any damage suffered by ROBERT RIVETT Entreprise Individuelle due to failure to follow this procedure.
In any event, the customer is prohibited from destroying non-compliant or defective products and must allow ROBERT RIVETT Entreprise Individuelle to note the non-compliance or hidden defects and to take back the products.
Products that have been the subject of reservations can only be returned to ROBERT RIVETT Entreprise Individuelle according to the return procedure of the latter, after its prior agreement. ROBERT RIVETT Sole Proprietorship will specify the terms of this return which will be carried out under the customer's responsibility and, as the case may be, at his expense, at the latest in the month of their delivery. Failure to comply with these rules will result in the refusal of returned products.
Finally, it is indicated that no product will be taken back, exchanged or refunded in the event of a change in French or supranational legislation rendering the said product unfit for consumption or sale.
For customers who are consumers, they benefit from the legal guarantee of conformity as mentioned in article 9 below, so that the above provisions do not apply to them.
6 - PRICE - PAYMENT
The selling price of the products is that in force on the day of the order. It is exclusive of tax for professionals, free OR departure according to agreement between the parties.
The sales invoice is issued on the day of delivery of the products. The price is payable on the day of delivery of the products, by remittance of the payment document (cheque, bank card, etc.) to the carrier (internal or external), except in the event that payment is made at the time of the order or in store. The price invoiced will be paid when the sums due are collected and not when the means of payment are returned. If the means of payment is not returned, delivery will be suspended.
In the event of non-payment on the agreed date and after formal notice by registered letter with AR that has remained ineffective for 8 days, late payment penalties will be applied at a rate equal to 3 times the legal interest rate. The customer will also be liable to ROBERT RIVETT Entreprise Individuelle for a lump sum of €40 for the costs incurred by the latter for the processing of the unpaid amount and collection costs. Finally, ROBERT RIVETT Entreprise Individuelle may suspend and/or cancel orders in progress.
Any deduction is similar to a payment incident. Similarly, no set-off can take place between reciprocal claims unless it has been previously accepted in writing by ROBERT RIVETT Entreprise Individuelle. Under no circumstances can a dispute allow the customer to suspend payment. SEPA direct debit: in the event of implementation between ROBERT RIVETT Entreprise Individuelle and the customer of the method of payment by SEPA direct debit, the customer agrees to be debited of the amount due to ROBERT RIVETT Entreprise Individuelle subject to an information period of between 3 and 14 calendar days.
In the event of termination of the mandate at the initiative of the customer, ROBERT RIVETT Entreprise Individuelle may require from the latter any payment guarantees that it deems necessary, such as in particular payment of the price (deposit) when ordering or before delivery of the products, etc. this list is not exhaustive.
7 - RETENTION OF OWNERSHIP – TRANSFER OF RISKS
THE GOODS SOLD REMAIN THE PROPERTY OF ROBERT RIVETT SOLE AGENT UNTIL FULL PAYMENT OF THEIR PRICE IN PRINCIPAL AND ACCESSORIES. THIS RETENTION OF OWNERSHIP CLAUSE IS OPPOSABLE AGAINST THE CUSTOMER AND ALL OF HIS CREDITORS
The customer will inform them of the existence of this clause and its enforceability. It is understood that the mere delivery of a title creating an obligation to pay does not constitute payment within the meaning of this clause, the original claim on the customer subsisting with all the guarantees attached thereto, including the reservation of property until the title of payment has extinguished the claim of ROBERT RIVETT Entreprise Individuelle.
Notwithstanding the foregoing, the risks related to the products (losses, deteriorations that they could suffer or damages that they could cause) are transferred to the customer as soon as he or his substitute has taken possession of them. The latter is responsible for the good storage conditions of the products. The customer agrees to immediately notify ROBERT RIVETT Entreprise Individuelle of his state of cessation of payment, to proceed or to allow proceeding as soon as the re of the collective procedure to the acknowledgment of the existence of goods in stock belonging to ROBERT RIVETT Entreprise Individuelle and to provide it with any information allowing it to exercise the claim with regard to third parties and other sub-purchasers.
The customer is aware that the products are subject to specific storage conditions which he is responsible for respecting.
In the event of non-payment and notwithstanding the application of article 6, ROBERT RIVETT Entreprise Individuelle may demand the return of products still in stock with the customer. Products in stock with the customer will be deemed to relate to unpaid invoices. These products must be returned on the first written request, at the expense and risk of the customer.
8 - CONSIGNMENT
Some Products are supplied in consignment packaging or receptacles. In this case, when purchasing the Product, the Customer pays the price of the consignment of the packaging or receptacle. The amount of the consignment does not constitute a sale price of the packaging or receptacles, but a security deposit. When the Customer then orders a Product whose packaging or receptacle is identical to that of a Product previously ordered, ROBERT RIVETT Entreprise Individuelle takes back the old packaging or receptacle against delivery of the new one upon delivery of the new Product concerned.
ROBERT RIVETT Entreprise Individuelle remains the exclusive owner of the packaging and receptacles thus delivered under deposit. The Customer only benefits from a right of use over them during their availability. Under these conditions, the Customer will be the custodian of the packaging or receptacles consigned until their effective recovery by ROBERT RIVETT Entreprise Individuelle or return to the latter. The Customer therefore undertakes throughout the duration of its provision to ensure, as a good father, the custody, maintenance and conservation of the packaging or consigned receptacle with all the care required by this property, in order to avoid any deterioration or degradation, and refrains from selling, giving, renting or lending to destroy the packaging or the receptacle made available, as well as consenting or letting acquire any rights over this property.
In the event of loss or non-return of the goods consigned by the Customer, ROBERT RIVETT Entreprise Individuelle will keep the sum paid as a security deposit, without prejudice to damages and interest in compensation for the loss suffered that it could claim from the Customer. Similarly, in the event of deterioration of the consigned property, ROBERT RIVETT Entreprise Individuelle will retain all or part of the sum paid as guarantee, without prejudice to damages and interest in compensation for the loss suffered. In the event that the Customer no longer wishes to keep the returnable packaging or receptacle, in particular for lack of use of the latter, he returns it at his exclusive expense to ROBERT RIVETT Entreprise Individuelle who will return the sum paid as a deposit of guarantee, subject to the absence of deterioration of the consigned good.
9 – GUARANTEES AND RESPONSIBILITIES
To be taken into consideration, any complaint of whatever nature must be sent to ROBERT RIVETT Entreprise Individuelle by any means satisfactory to the acknowledgment of receipt within three days of receipt of the goods in the event of non-compliance and within the same period from the discovery of the hidden defect in the event of defective goods.
The Company's liability is limited to direct damages resulting from a proven defect in the Product or from the violation of the GCS, even if the defect in question was foreseeable at the time of the order.
Under no circumstances will the Company be held liable for consequential, incidental or special damages, in particular the cost of obtaining substitute products, loss of profits, loss of data or periods of immobilization, whether its liability is contractual or tort. and whether or not it is based on the use or operation of the Products.
The Company cannot be held responsible for the non-performance of the GCS in the event of force majeure as defined in Article 10 of the GCS, and in the event of damage caused by a third party or attributable to improper use or use non-compliant, by the Customer, of the Products, in violation of the Company's prescriptions and/or the rules of the art.
Apart from bodily injury or death, and except in the event of gross negligence or intentional fault causing proven direct damage, the Customer acknowledges that the repair of the Products and, where applicable, their replacement, in accordance with these GCS, represent the sole and fair compensation for any damage caused by a malfunction of said Products attributable to the Company. In the event that the Products cannot be replaced or repaired, the liability of the Company shall be limited to the amount paid by the Customer to the Company for the Products in question.
In any event, apparent defects are excluded from any warranty, i.e. visible defects in appearance not declared by the customer upon delivery or removal of the products, defects or deterioration of the products caused by normal wear and tear, negligence, use different from that for which the products were designed, misuse or non-compliance with technical data sheets and/or use and maintenance advice, products modified by the customer or a third party.
Only for customers with consumer status, they benefit from the guarantee of conformity of articles L.217-4 and following of the Consumer Code. The customer having the quality of consumer benefits from a period of 2 years from the delivery of the goods to act. It is exempted from providing proof of the existence of the lack of conformity of the goods during this period. In this context, in accordance with article L.217-9 of the Consumer Code, in the event of lack of conformity of the Product, the customer can choose between the repair and the replacement of the Product. However, if the customer's choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the product or the importance of the defect, our company may refuse the customer's choice and decide to proceed according to the method not chosen by him. In accordance with article L.217-13 of the Consumer Code, the consumer also benefits from the guarantee against hidden defects of articles 1641 and following of the Civil Code and in particular article 1648. In any case, no guarantee or responsibility is not due by ROBERT RIVETT Sole Proprietorship for defects or deterioration of the products caused by normal wear and tear, negligence, use different from that for which the products were designed, misuse or failure to -compliance with technical data sheets and/or advice on use and maintenance, products modified by the customer acting as a consumer or by third parties. In addition, ROBERT RIVETT Entreprise Individuelle cannot be held liable in the event that the products are stored by the customer in abnormal conditions.
The consumer has the possibility of having recourse to a consumer mediator under the conditions provided for in Title I of Book VI.
10 - FORCE MAJEURE
A case of force majeure allows ROBERT RIVETT Entreprise Individuelle to suspend the performance of its obligations and, if necessary, to cancel the contract. In the event of force majeure and without formalities of any kind, the responsibility of ROBERT RIVETT Entreprise Individuelle will be released.
Are considered as cases of force majeure with regard to the obligations of ROBERT RIVETT Entreprise Individuelle, events beyond its control and/or that it cannot reasonably be required to foresee, insofar as their occurrence makes it more difficult or more onerous to performance of its obligations.
11 - MISCELLANEOUS PROVISIONS
If any of the general conditions should be declared inapplicable or invalidated for any reason, this invalidity or inapplicability will not affect the application or the validity of the other provisions of these general conditions.
The fact that ROBERT RIVETT Sole Proprietorship does not avail itself at a given time of any of the provisions of these general conditions of sale cannot be interpreted as a waiver on its part to subsequently avail itself of said provisions.
Unless the client decides otherwise by registered letter with acknowledgment of receipt, the latter expressly authorizes ROBERT RIVETT Entreprise Individuelle to mention its status as a client of ROBERT RIVETT Entreprise Individuelle, in particular on its commercial or promotional documents, without compensation or any other form of counterpart.
12 - COLLECTION AND USE OF YOUR PERSONAL DATA
You may, subject to the production of valid proof of identity, exercise your rights by contacting ROBERT RIVETT Entreprise Individuelle customer service by post, 10 Tanouedou 22390 BOURBRIAC or by email at the following address: firstname.lastname@example.org
If you no longer wish to receive our news and solicitations (by telephone, SMS, post or electronically), you have the option of indicating this to us by contacting us under the conditions mentioned above.
13 - RIGHT OF WITHDRAWAL (only when the customer is a consumer and has purchased the products through distance selling)
The withdrawal period granted to the customer on the purchase of the products, within the framework of the law, is fourteen (14) clear days, from the date of receipt of the products. During this period, the customer may return, at his own expense, without further penalties, the Product(s) that do not suit him. The customer will be reimbursed for the sums paid in return for the reshipment of the product(s) ordered. For any request, the following formalism must be respected: For the attention of [the professional inserts here his name, his geographical address and, when available, his fax number and his e-mail address]:
I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of goods (*)/for the provision of services (*) below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of the consumer(s) (only in case of notification of this form on paper):
It is understood that the product(s) returned at the customer's expense must be intact, unused, unconsumed.
The risks associated with the return of the product rest with the customer. If the product is lost by the carrier during this shipment, the customer is solely responsible and cannot be reimbursed by ROBERT RIVETT Entreprise Individuelle.
In the event of exercise of the right of withdrawal, ROBERT RIVETT Entreprise Individuelle is required to reimburse the sums paid by the customer, free of charge, with the exception of return costs. The refund will be made within a maximum period of 14 working days from receipt of the products.
14 - CONTACT DETAILS OF THE MEDIATOR (only when the customer is a consumer and has purchased the products through distance selling)
Pursuant to article L.616-1 and R.616-1, the customer having the condition of consumer can resort to a mediator when a dispute could not be settled within the framework of a prior complaint directly introduced to our services.
When concluding a written contract, the consumer has the possibility of having recourse, in the event of a dispute, to a consumer mediation procedure.