CGV FRANCEPIERRE: General Terms and Conditions of Sale for Natural Stone
GENERAL TERMS AND CONDITIONS OF SALE
Unless otherwise specified 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 statements), solely by virtue of their prior communication through our quotes, invoices, or any other document issued by us, or in the case of counter sales, by virtue of the customer's signature on the delivery note or acceptance of the goods.
ORDER
Our quotes are valid for the agreed option period, or failing that, for 30 days from 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 client, on the one hand, and upon payment of a deposit of 45% of the total amount including VAT of the quote, on the other hand.
RIGHT OF WITHDRAWAL
The buyer has the right, within fourteen working days of delivery of their order, to return, at their own expense, for exchange or refund, any products that do not suit them, in accordance with Article L 121-16 of the French Consumer Code. The 14-day period begins the day after the contract is concluded. If this period expires on a Saturday, Sunday, or public holiday, it is extended to the next working day. The request must be made by registered letter with acknowledgment of receipt sent to the following address: Francepierre D6086 avenue du Mistral 30210 Valliguières, the postmark serving as proof of mailing.
The buyer must contact Francepierre, who will provide the return address depending on the product(s) being returned. Only products returned to Francepierre in perfect condition for resale and in their original condition (packaging, accessories, instructions, etc.) will be accepted.
Custom-made products are non-returnable and cannot be cancelled. Return shipping costs are the responsibility of the buyer. Initial shipping costs are non-refundable. Francepierre does not accept packages or goods sent with postage due, as these will be returned to the sender. All risks associated with the return of the product are borne by the buyer.
PRICE
Our prices are established under the economic conditions defined between the customer and us on the date of the contract. They are subject to adjustment and revision starting on the 30th day following this date. Any delay by the buyer in fulfilling the contract, particularly in providing information or documents necessary for the production of the supplies, entitles us to invoice additional incidental costs and expenses as compensation for our losses. Surface areas and volumes are calculated on a square basis, including joints, with a minimum of 0.1 m² or 0.02 m³ per piece. In length and surface area calculations, all dimensions are rounded up to the nearest centimeter if they include millimeters and are calculated to a minimum of 20 cm. All supplies, added value, packaging, services, or work not expressly stipulated are not included in the price. Returned packaging will be subject to an additional invoice, less the deposit paid if it is not returned to the sender in good condition within one month of shipment.
TRANSPORT
In all cases, our products travel at the recipient's risk. In the event of delays, missing items, chips, or other damage during transport, it is the customer's responsibility to assert and defend their rights against the carrier, in accordance with the carrier's general terms and conditions, which they must review. Otherwise, the customer will not be able to raise any defenses the carrier may have against them. Even in the case of free delivery sales, unloading and, if applicable, the costs of any damage to the transport equipment are the customer's responsibility.
DELIVERY
Subject to accessibility and authorization.
To ensure that the delivery takes place under the best conditions, it is imperative to follow the elements below: ATTENTION REGARDING TRUCKS WITH TAILGATE, delivery is made at the foot of the truck only on a smooth surface such as tarmac or concrete.
IT IS IMPERATIVE TO UNPACK AND CHECK THE NUMBER OF PACKAGES RECEIVED AND THE CONDITION OF THE CONTENTS IN THE PRESENCE OF THE DELIVERY DRIVER
If the packaging shows the slightest anomaly, note it specifying exactly the nature of the problem accompanied by your signature on the delivery note and inform us by email (contact@francepierre.fr) with photos.
Any reservations must be stated precisely on the transport receipt in the presence of the delivery carrier and confirmed by email or registered mail within 72 hours.
No claims will be accepted after this deadline.
Please note that the phrase "subject to unpacking" has no legal value. Failure to comply with the procedure will preclude any compensation being 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, as this would make exchange or refund impossible.
Product installed = Product accepted
FINISHED PRODUCTS
Stone, a natural material, can exhibit variations in color, veining, texture, etc. The sample provided defines the general tone but does not guarantee an identical appearance to the delivered product. Shades must be harmonious, evenly distributed, and presented before installation. Natural characteristics such as wormholes, knots, shells, geodes, strata, porosity, crystalline veins, rust spots, galls, flames, etc., cannot be considered grounds for rejection or price reduction. Stones, marbles, and granites are worked and consolidated by filling, lining, bolting, and bonding. Products must be stored protected from the elements, and their installation must be carried out in accordance with best practices and our specific recommendations. Failure to comply will void our manufacturer's warranty. Any claim relating to conformity and apparent defects must be sent to us, along with the delivery note or a copy thereof, within five days of delivery, and must specify the goods in question and the reasons for the claim. Implementation constitutes unconditional acceptance of the goods, and no subsequent claim will be admissible. Our warranty, unless otherwise required by law, is limited to the simple replacement of our goods, excluding any compensation or damages.
SUBSTITUTIONAL PRODUCTS
The following are considered downgraded products: manufacturing offcuts and all materials classified as second or third choice. These products are not covered by any warranty regarding their physical or mechanical characteristics. Consequently, no claims will be accepted, whether for hidden defects or unsuitability for use.
TIME LIMIT
A delivery delay will only give rise to compensation or order cancellation if expressly stipulated in our order confirmation. In all cases, such late payment compensation is capped at 5% of the contract value. The delivery period begins only upon receipt of all final execution documents (specifications, plans, cut 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 any storage fees at our warehouses.
RETENTION OF TITLE
We retain ownership of the goods sold by us until full payment of the principal and interest. Upon collection, the customer assumes responsibility for the goods but grants us access. The customer is liable for all loss and damage. We are entitled to the immediate return of all goods not fully paid for, upon simple registered letter, joint inventory, or bailiff's summons, in the event of non-payment of any installment by its due date. The same applies in the event of the customer's personal bankruptcy, insolvency, or amicable or judicial liquidation.
PAYMENT
Our invoices, regardless of date, are payable by bank transfer, credit card, or cash (if less than €1000) before collection of the goods. All payments must be accompanied by the relevant sales document number. Any cancellation under the above conditions, as well as cancellation by the customer of a confirmed order, obliges the customer to pay in full for products manufactured or in progress, as well as any costs incurred and lost profits on the balance of cancelled but unfulfilled orders, upon presentation of an invoice.
PENAL CLAUSES
After formal notice, the recovery costs incurred will result in 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 clients and us, as well as the interpretation or application of these general terms and conditions of sale, are governed by French law. The courts of our registered office shall have exclusive jurisdiction over any dispute, even in the event of a third-party claim, summary proceedings, or multiple defendants.
RECOMMENDED USE AND MAINTENANCE
Stone can be damaged or stained during installation by products that come into contact with it (adhesives, sealants, cements, lime, sand, undercoats, etc.). A preliminary and systematic check must be carried out on a sample.
The joints must be filled after installation. It is essential to do it joint by joint and to wash the stone with clean water as you go before the jointing cement dries.
We recommend moistening certain light or soft stones before making the joints for better adhesion and to avoid excessive and rapid capillary action during implementation.
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 nuances of the stone through a harmonious blend (a "dry" presentation to validate the desired result)
Inside :
- Capillary break and decoupling by interposition of an impermeable film (polyane or equivalent) between support and setting mortar including upstands.
- Peripheral and expansion joints filled with flexible waterproof sealant every 36m² or 6 ml max, except for underfloor heating 20 m² or 5 ml max).
- Joints between slabs of at least 1mm.
- Place on a dry surface that is at least 2 months old.
Outside:
- Drainage underlayer between concrete support and bedding mortar.
- Peripheral drainage connected to an outlet.
- Subdivision of surfaces every 20 m² by flexible, watertight joints.
- Resilient peripheral joints filled with elastomeric sealant.
- Joints between slabs of a minimum of 5 mm, filled with cement mortar.
- Slopes greater than 1.5 cm/m of the concrete support and the stone coating.
- Regarding waterproofing: direct installation prohibited, split every 10 m².
- Installation prohibited during freezing weather or when using a frost protection device and during high 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 coating.
- Protection at the top by a flap, shelf, coping.
INTERVIEW
Remove dust by sweeping and vacuuming, and wash with clean water using a damp mop or by mechanical scrubbing under minimal water, adding a chemically neutral soap (such as Marseille soap flakes) if necessary. Avoid cleaning products containing oxidants or free alkalis (caustic soda, potash, bleach, ammonia, etc.); acidic products, even diluted; abrasives; and denatured or tinted floor polishes.
SURFACE TREATMENTS
Post-installation surface treatments such as sanding, filling, polishing, and crystallization are additional tasks that must be entrusted to professionals. The application of water repellents, anti-graffiti coatings, and synthetic resins can only be carried out on a dry surface free from rising damp. Completely prohibited in certain cases, such applications are the responsibility of both the product manufacturer and the applicator.