Our sales are subject to the present terms and conditions which take precedence over all purchasing terms, unless expressly stipulated otherwise by ourselves.
2. RESERVE OF PROPERTY CLAUSE
Goods sold remain the property of Tectona S.A. until payment of the amount invoiced has been received in full. However risks are transferred once the goods leave the seller’s stores and warehouses. In this case should payment not be made within the date agreed by both parties, the seller reserves the right to recuperate goods delivered, and if deemed necessary, to cancel the contract.
All taxes, duties, rights or other services requiring payment of whatever nature relating to the agreed sale and in application of French laws, standards and regulations or those applicable in the purchaser’s country of importation or in the country(ies) of transit, are to be borne by the purchaser.
4. CANCELLATION OF ORDERS
No partial or full cancellation of any order passed in one of our sales outlets will be accepted without written agreement on our part.
5. DELIVERY LEAD TIMES. ORDER PROCESSING
Orders are processed within the limit of available stocks. For other countries, deliveries are based on quotation. Delivery lead times are according to a quotations. The purchaser may not invoke delivery delays as a reason to refuse goods unless such lead times are significant. We do not accept responsibility in the case of delays or nondelivery of all or part of orders in the following cases:
a) Should the purchaser fail to respect the payment terms stipulated on our confirmation of order form;
b) Should the information required to process the order fail to reach us in time;
c) Should the delay or non-processing of the order result from, in particular, one of the following: strike, accident, fire, natural catastrophe, civil or national war, riots, impossibility to obtain supplies, delays on the part of our own suppliers and/or carrier and any other cause outside our control.
Should the delivery date be put back by the purchaser with sufficient warning to cancel the carrier, the goods are nonetheless considered to have been delivered at the date stipulated on the order confirmation. The invoice is in this case established according to the initial date and the goods are stored at the consignee’s expense and risk.
Our goods are delivered duty-paid, free of charge in mainland France, for orders over €2000. Goods are transported at the risk of the consignee. It is up to the consignee to report any anomalies to the carrier before accepting delivery of goods. Any anomalies must be noted on the delivery note, a copy of which will be kept by the customer who will confirm the said anomalies within 48 hours by registered mail to the carrier having made the delivery. The purchaser must indicate if deliveries are not on ground-floor level or will require special handling on passing the order. In this case, Tectona will have an estimate drawn up and submitted to the purchaser and any added expenses will be invoiced by Tectona to the purchaser.
a) Our prices are considered for payment on delivery of goods unless stipulated otherwise;
b) Invoices are to be paid to our headquarters, irrespective of the terms indicated on the order forms submitted to us;
c) Orders must be paid in full at the time of passing orders;
d) Should a single payment not be made by a due date, all sums remaining due by the purchaser become due immediately and legitimately;
e) It is expressly noted that any malfunction or repairs required of goods supplied will under no circumstances constitute a motif for non payment or for delayed payment of sums due by the purchaser;
f) Payment is considered to be: not the submittal of a bill of exchange or a cheque entailing the requirement to pay, but the effective cashing by Tectona of the sum due at the agreed date.
9. NON PAYMENT
In the case of overdue payment or non payment, Tectona may suspend all orders in hand. In addition and in application of Article 441-6 of French Commercial Law, any amount not paid at the agreed date legitimately gives rise, and without any forewarning, to payment of overdue interest at the valid legal interest rate at the day of invoicing plus four points. Interest will be charged from the day of the agreed payment date until full payment is made to Tectona (interest and costs in principle).
Our products are guaranteed for 2 years for normal outdoor use. The warranty does not cover damage due to improper use.
11. INSOLVENCY, BANKRUPTCY
Should the purchaser at any time either before or after the delivery of all goods not fully paid for, be declared insolvent, be the object of any request or procedure for bankruptcy or compulsory liquidation, the sale would immediately and legitimately be cancelled as soon as any one of the above should occur, unless we should notify the purchaser of our decision to maintain the sale.
Any complaint of whatever nature should be notified in writing and in detail, (registered mail) as soon as possible following reception of the goods, to the following address:
36, Rue du Bac
Tectona reserves the right to make changes at any time as deemed necessary to its products (in particular to the dimension of furnishings), without obligation to modify goods supplied previously or orders in hand. Tectona reserves the right to modify without prior notice the models defined in its brochures and catalogues. Such modifications do not incur the responsibility of Tectona and will, if appropriate, be notified to the customer at the time of ordering.
14. RETURNED GOODS
No goods for which the order was registered in one of our points of sale may be returned to us without our prior consent and our returning instructions. All goods returned must be made in original packaging. All goods returned in good condition and accepted by us will be credited or reimbursed at 90% of the invoiced value. In the case of goods purchased by mail order by a non professional or consumer, the latter (purchaser) is entitled to return goods within 14 days of the date of delivery. goods must imperatively be returned in the original packaging. The cost of returning goods is to be borne by the purchaser, with the exception of goods which are not conform with the original order or which are faulty or which have been the object of specific reserves made to the carrier within 48 hours.
15. VALIDITY OF OFFERS AND PRICES
Catalogue offers and prices are guaranteed from March 1st of the current year until the last day of February of the following year. Goods are available for sale until stocks run out. In the case of orders for unavailable goods, the customer will be informed of any unavailability as soonas possible.
16. DATA AND FREEDOM
According to French Law 78-17 of January 6 1978 on “Data and Freedom”, you have the right to access, rectify and suppress any personal data relating to yourself, by making a request to our company headquarters. Our company is the sole recipient of any information you maycommunicate to us.
17. APPLICABLE LAW, COMPETENT JURISDICTION
French law is the sole applicable law. Any litigation must be lodged with the PARIS TRADE TRIBUNALE even in the case of plural defendants or appeals by third parties if the purchaser is a dealer. In other cases, jurisdiction will be determined in accordance with the regulations of thenew Code of Civil Procedures.
S.A. Tectona capital of 981 796 €
RCS PARIS B 353 798 523
Code APE 526 A
Intracommunity number. FR 47 353 798 523
36, Rue du Bac, 75007 Paris, France
tel +33 1 47 03 05 05
fax +33 1 47 03 06 05