Terms and conditions of sale
Article 1. Each order must be accompanied by a deposit, of a minimum amount of 40% of the price appearing on the order form (unless expressly stipulated in particular, or in the case provided for below in article 12 when the goods are taken away immediately). However, if this order has a very personalized character (excluding the usual catalog) the amount of the deposit will be 90%. The balance, 60% for a normal order or 10% for a very personalized order will be payable before the date of availability of the goods.
Article 2. The order form is firm and final. The payment of a deposit means that the contract is definitively concluded. Likewise, any order payable in cash in its entirety is firm, final and irrevocable.
Article 3. The expected delivery date is shown on the order form. Compliance with the delivery time is nevertheless subject to:
- the absence of any case of force majeure making supply impossible (strike, fire, cyclone, maritime disaster, supplier bankruptcy, etc.);
- the absence of any breach or fault on the part of the buyer, in particular the non-observance of the payment conditions stipulated in the order or the non-communication of the information necessary for the execution of this one, or because of his request to postpone the date initially scheduled, if Orphéau or one of its representatives has consented;
Article 4. The modern Jukeboxes, objects of the sale are always ordered and put in manufacture on special order of the customer and therefore personalized, according to his choice.
The delivery date is understood to be the date on which the goods are made available. The date of availability corresponds to the date on which the customer is informed that the goods are available for delivery, within a maximum period of 4 months.
Article 5. The delivery of an estimate will constitute a commitment for immediate execution only if it is followed by the signature of the corresponding purchase order, unless expressly stipulated in the estimate.
In the case of a special order (specific mention on the quote) requiring questioning from our manufacturers, a foreseeable supply time will be indicated and will be confirmed at the latest within 10 days of signature. With the customer's agreement, the estimate will then become an order form and will be final.
Article 6. Our quotes as well as our drawings and models which accompany them remain our property. They cannot be communicated, even partially, to third parties without our authorization, under penalty of damages.
CANCELLATION OF ORDERS
Article 7. No cancellation, total or partial, of a definitive order can be accepted without our written consent. Nevertheless, in the event of the delivery date attributable to the seller being exceeded and in the absence of force majeure, the customer may terminate the sales contract by registered mail with acknowledgment of receipt. Symmetrically, if the customer does not take delivery on the date initially agreed and if he does not take delivery after an express notice, we can cancel the order. In this case, it is expressly agreed that the sums paid in advance, as a deposit, will be kept by the seller, without prejudice to any additional claim for damages.
Article 8. If, after making the goods available, the delivery date is postponed by the buyer for more than 14 days, Orphéau is entitled to:
- Invoice the merchandise and make the balance payable due;
- Invoice the customer monthly for the cost of warehousing on the basis of a flat rate of 2.5% per month of the total amount of the order (rate given as an indication and may change depending on the country).
Article 9. Unless otherwise indicated on the order form, delivery and installation are carried out by Orphéau.
Article 10. The buyer undertakes to indicate, when ordering, the conditions under which the products will be delivered to the interior of his domicile (these conditions must imperatively appear on the order form). If access difficulties have not been reported and a second delivery is necessary, the latter will also be invoiced in full to the customer, according to the scale displayed.
Article 11. The installation may give rise to additional costs in the event of difficult access to
the location of the modern Jukebox (floors, stairs, etc.), according to the scale displayed and as shown on the order form.
In cases requiring passage through a window (in particular if the staircase, the elevator, the front door or the corridors are not of sufficient size to allow the passage of the goods ordered), the buyer must, after acceptance a prior estimate, bear the additional cost related to the difficulties encountered in the low-rise apartment inside his home (in particular the rental of a furniture lift).
Article 12. Payment is made under the conditions provided at the time of the order. Unless otherwise agreed, full payment must be made before handing over the goods to the customer's freight forwarder or before loading the goods for their final destination.
Unless expressly agreed, carried sales are paid in cash by checks, bank cards, bank transfers or cash at the latest on the day of the winning.
CLAIMS / RESPONSIBILITIES
Article 13. The customer is required to check the goods in the following manner:
- Goods delivered: in the event of damage, defect or non-conformity, the customer must mention on the delivery note the reservations he intends to make regarding the condition of the goods received. The buyer must confirm these reservations by registered letter sent within 3 days, not including public holidays, which follow the day of receipt. These conditions are necessary to engage the responsibility of the seller.
- Goods taken to the store or warehouse: the transfer of responsibility takes place when the product is handed over to the customer or his representative. No subsequent complaint will be accepted.
- When the transfer of ownership takes place at the level of the forwarder, the forwarder is responsible for checking the goods.
Article 14. The guarantee can only be guaranteed by the seller store, operated by an independent commercial company whose name and address appear on the order and in no case by the Franchise Company to which the store belongs.
In general and subject to the provisions of the warranty booklet, our products are guaranteed for 2 years for furniture structures, 2 years for machine structures (electrical spreadsheet, PLC, storage racks, motors, gripper, gripper, turns -disk…). Only wearing parts are not guaranteed (turntable belt and reading diamond, life in normal use: 2 years).
COLORS AND DIMENSIONS
Article 15. The colors of the products delivered will conform to the sample chosen as to quality, it being specified that slight nuances in color or differences in dimensions are possible, our products being manufactured individually.
Article 16. No merchandise may be returned to us without our prior consent and without instructions for reshipment from us.
TITLE RETENTION CLAUSE
Article 17. The seller reserves the right of ownership of the goods delivered until full payment.
IT, CUSTOMER DATABASE
Article 18. Personal information collected from the customer is subject to computer processing in order to track the order and delivery. They will remain confidential and for the exclusive use of Orphéau.
Unless otherwise stated on the order form, the customer accepts the provisions relating to the use of his personal data and in particular their subsequent use for commercial actions concerning only the Orphéau brand and its products, by mail or by e-mail in particular. The customer can, if he wishes, require the seller by means of a registered letter, the destruction and or modification of personal data.
APPLICABLE LAW AND OTHER CONTRACTUAL PROVISIONS
Article 19 . French law will be the only one applicable to the contract and all that will follow. The possible nullity of a clause of this contract will not entail the nullity of the other clauses. In the event of a dispute, the parties will endeavor to settle their differences amicably.