FRANCEPIERRE General Terms and Conditions of Sale: General Terms and Conditions of Sale of Natural Stone
GENERAL CONDITIONS OF SALE
Unless otherwise stipulated in our order confirmation, any order implies the customer's unreserved acceptance of these general terms and conditions of sale (which prevail in particular over the customer's written documents), solely by virtue of their prior communication through our quotes, invoices, or any other document issued by us, or in the case of a counter sale by virtue of the signature of the delivery slip or acceptance of the goods by the customer.
ORDER
Our quotes are valid within the agreed option period, or failing that within 30 days of their date. Orders become effective upon return of our order confirmation (quote, ARC, provisional invoice), duly dated and signed, without reservation or addition, by the customer, on the one hand, and by payment of a deposit of 45% of the total amount including tax of the quote, on the other hand.
WITHDRAWAL PERIOD
The buyer has, within fourteen working days from the delivery of his order, a right to return, at his expense, for exchange or refund, products that do not suit him in accordance with ARTICLE L 121-16 of the Consumer Code. The calculation of the 14-day period begins the day after the conclusion of the contract. If this period expires on a Saturday, Sunday or public holiday, it is extended until the first following working day. The request must be made by registered letter with acknowledgment of receipt sent to the address: Francepierre D6086 avenue du Mistral 30210 Valliguières, the postmark being proof.
The buyer must contact Francepierre, which will provide the address to use depending on the product(s) to be returned. Only products returned to Francepierre in perfect condition for resale and in their original condition (packaging, accessories, instructions, etc.) will be considered.
Custom-made products cannot be returned or cancelled. Shipping costs for returned goods are the responsibility of the buyer. Initial delivery costs are not refunded. Francepierre does not accept packages and goods sent freight collect, which will be returned to the sender. Any risk associated with returning the product is the responsibility of the buyer.
PRICE
Our prices are established for economic conditions defined on the date of the contract, between the customer and us. They are updatable and revisable from the 30th day following this date. Any delay by the buyer in the execution of the contract, in particular in the communication of information or documents necessary for the manufacture of supplies, gives us the right to invoice additional costs and incidental expenses, as compensation for our loss. Surfaces and volumes are counted at the squaring including joints, with a minimum of 0.1 m² or 0.02 m3 per piece. In the calculations of length or surface, all dimensions are rounded up to the nearest centimeter if they include millimeters and counted for at least 20 cm. All supplies, added value, packaging, services or work not expressly provided for are not included in the price. Packaging to be returned is subject to an additional invoice, less the deposit paid if it is not returned to the sender in good condition within one month of dispatch.
TRANSPORT
In all cases, our products travel at the recipient's risk. In the event of delay, shortages, chips or other damage during transport, it is the customer's responsibility to reserve and defend their rights against the carrier, in accordance with the carrier's general terms and conditions of intervention, which they must be aware of. Failing this, the customer will not be able to oppose any exceptions that the carrier may assert against them. Even in the case of a carriage paid sale, unloading and, if any, the costs of damage to the transport equipment are the responsibility of the customer.
DELIVERY
Subject to accessibility and authorization.
For reception to take place in the best conditions, it is imperative to follow the elements below: ATTENTION CONCERNING TRUCKS WITH TAIL LIFTS, delivery is carried out at the foot of the truck only on smooth ground such as tar or concrete.
IT IS IMPERATIVE TO UNPACK AND CHECK THE NUMBER OF PARCELS RECEIVED AND THE CONDITION OF THE CONTENTS IN THE PRESENCE OF THE DELIVERY PERSON
If the packaging shows the slightest anomaly, note it down, specifying the exact nature of the problem, accompanied by your signature on the delivery slip and inform us by email (contact@francepierre.fr) with photos.
Any reservations must be clearly stated on the transport receipt in the presence of the delivery carrier and confirmed by email or registered letter within 72 hours.
No claims will be accepted after this deadline.
Please note that the statement "subject to unpacking" has no legal value. If the procedure is not followed, no compensation can be claimed.
If you are not the one receiving the delivery, remember to inform those around you of the instructions stated above.
Never install, set up or apply a product if you have any doubt about its conformity, this would make it impossible to exchange or refund.
Product installed = Product accepted
FINISHED PRODUCTS
Stone, a natural material, may present variations in color, veining, texture, etc. The contractual sample defines the general tone, but does not imply identity of appearance with the delivered supply. The shades must be harmonious, distributed and be the subject of a presentation before implementation. Natural particularities such as wormholes, knots, shells, geodes, strata, porosity, crystalline veins, rust spots, toads, flames, etc., cannot be considered as grounds for refusal, nor give rise to a price reduction. Stones, marbles and granites are worked and consolidated by mastication, doubling, targeting and gluing. The products must be stored away from bad weather and their implementation must be carried out in accordance with the Rules of the Art and our specific recommendations. Otherwise, our manufacturer's warranty cannot apply. Any complaint regarding conformity and apparent defects must be sent to us, accompanied by the delivery note or a copy thereof, within FIVE DAYS of delivery, and specify the supplies in question and the reasons. Implementation constitutes unconditional acceptance of the supply and no subsequent complaint is admissible. Our guarantee, unless otherwise provided for by public policy, cannot go beyond the pure and simple replacement of our supply, to the exclusion of any compensation or damages.
DOWNGRADE PRODUCTS
The following are considered downgraded products: Manufacturing scraps and all materials classified as 2nd or 3rd choice. These products do not benefit from any guarantee on their physical or mechanical characteristics. Consequently, no claims will be accepted, whether for hidden defects or unsuitability for use.
TIME LIMIT
A delay in delivery only gives rise to compensation or cancellation of the order if our order confirmation expressly stipulates this. These late payment penalties, in all cases, are capped at 5% of the contract. The deadline only starts to run from the receipt of all the final execution documents (specifications, plans, cutting lists, templates, etc.) approved by the customer and full payment. Beyond the agreed collection date, the supplies made available must be paid for, as well as the storage costs in our warehouses.
RESERVATION OF OWNERSHIP
We reserve ownership of the goods sold by us until the actual payment of their price in principal and interest. Upon collection, the customer assumes custody of the said goods, but allows us access to them. He is responsible for all losses and damages. We are entitled to the immediate restitution of all goods not fully paid, by simple registered letter, contradictory inventory or bailiff's summons, in the event of non-payment of a single installment on its due date. The same applies in the event of personal bankruptcy, state of cessation of payments, amicable or judicial liquidation of the customer.
PAYMENT
Our invoices, regardless of the date, are payable by transfer, credit card or in cash (if less than €1,000) before collection of the goods. All payments must be accompanied by the number of the commercial part concerned. Any cancellation under the above conditions, as well as the cancellation by the customer of a confirmed order, obliges the customer to pay in cash for the products manufactured or in progress, as well as the costs incurred and the loss of profit on the balance of orders canceled but not executed, upon simple presentation of an invoice.
PENAL CLAUSES
After formal notice, the recovery costs incurred give rise to the payment of 15% (fifteen percent) of the sums due, with a minimum of €300 (three hundred euros) without prejudice to the aforementioned late payment interest.
JURISDICTION
All relations between our customers and us, as well as the interpretation or application of these general terms and conditions of sale, are subject to French law. The courts of our registered office have sole jurisdiction over any dispute, even in the event of a warranty claim, summary proceedings, or multiple defendants.
RECOMMENDATIONS FOR USE AND MAINTENANCE
Stone can be damaged or stained during installation by products placed in contact with it (glues, mastics, cements, lime, sand, undercoats, etc.). A preliminary and systematic check must be carried out on a sample.
The joints must be made after installation. It is essential to do joint by joint and wash the stone gradually with clean water before the joint cement dries.
We recommend moistening certain light or soft stones before making the joints for better adhesion and to avoid excessive and rapid capillarity during installation.
SOLO
According to NF B 10-601, DTU 52.1 and 52.2, NF EN 1341 DTU 43.1.
General rules:
- Do not wet the stone or the support before installation.
- Do not water or cover with a non-permeable film after installation.
- The sealing mortar must be mixed with a minimum of water.
- Distribute the natural shades of the stone through a harmonious mixture (“dry” presentation to validate the expected result)
Inside :
- Capillary break and decoupling by interposition of an impermeable film (polyane or equivalent) between the support and the laying mortar, including raised areas.
- Peripheral and fractioning joints filled with waterproof flexible mastic every 36m² or 6 ml maximum, except for underfloor heating 20 m² or 5 ml maximum).
- Joints between slabs of 1mm minimum.
- Place on a dry surface and at least 2 months old.
Outside:
- Drainage underlay between concrete support and laying mortar.
- Peripheral drainage connected to an outlet.
- Division of surfaces every 20 m² using waterproof flexible joints.
- Resilient peripheral joints filled with elastomeric sealant.
- Joints between slabs of at least 5 mm, filled with cement mortar.
- Slopes greater than 1.5 cm/m of the concrete support and stone covering.
- On waterproofing: direct installation prohibited, split every 10 m².
- Prohibition of installation in freezing weather or frost protection device and in extreme heat.
WALLS
According to NF B 10-601, DTU 55.2, CPT 3266 of the CSTB, DTU 20.1.
General rules:
- Capillary break at the base of the wall or covering.
- Protection in the upper part by flap, shelf, cover.
INTERVIEW
Remove dust by sweeping and vacuuming and wash with clean water using a damp mop or by mechanical brushing under a minimum of water, with the addition of a chemically neutral soap if necessary (Marseille soap flakes for example). Prohibit cleaning products containing oxidants or free alkalis (soda, potash, bleach, ammonia, etc.); acidic products, even diluted ones, abrasives, denatured or tinted polishes.
SURFACE TREATMENTS
Surface treatments carried out after installation, such as sanding, puttying, polishing, and crystallization, constitute additional work that must be entrusted to professionals. The application of water repellents, anti-graffiti products, and synthetic resins can only be carried out on a dry surface free from rising damp. Completely prohibited in certain cases, it is carried out under the responsibility of the product manufacturer and the applicator.