General conditions of sale O'parquet
These general conditions apply to the relationship between O'parquet and the Client in the context of the sale of parquet floors and accessories ("Products") marketed by O'parquet. EACH ORDER MADE BY THE CUSTOMER IS DEEMED ACCEPTANCE OF THESE GENERAL CONDITIONS.
1. ORDERS
1.1. Each order is registered upon payment of a deposit of 50% of the total value of the Products.
1.2. The Customer may not modify or cancel its order, except with the express consent of O'parquet, which can never relate to non-stocked Products (or “Counter-brands” specifically ordered for the Customer).
2. PRICE AND BILLING
2.1. Our prices are in euros at the rate in force on the day of ordering (HT for professionals / TTC for consumers). Any tax, fee or charge owed by the Customer will be added to the purchase price.
2.2. Products in stock are invoiced on the day of delivery or collection. Countermarks are invoiced in the month of receipt of the goods by O'parquet.
3. PAYMENTS
3.1. Products are paid for in full upon ordering. Payment is made by credit card, cash or bank transfer. As an exception, Customers with an account on our books can benefit from a payment period to be defined, and within the limit of the outstanding limit, by direct or indirect LCR, cash, transfer or check.
3.2. In case of late payment, penalties equal to 3 (three) times the legal interest rate will be applied, as well as, with regard to professionals, a fixed compensation for the recovery costs of 40 euros. O'parquet reserves the right to demand immediate payment of unpaid invoices and/or suspend or cancel delivery of any other product to the Customer.
4. RISK
The risks relating to the Products will pass to the Customer as soon as they are billed by the Customer or the carrier, and the Customer is responsible for insuring them up to an amount that cannot be less than the price payable to O'parquet.
5. PROPERTY RETENTION
Notwithstanding the date of transfer of the risks, O'parquet RESERVES OWNERSHIP OF THE PRODUCTS UNTIL THEIR FULL PAYMENT, as well as the right to retake possession of the Products at any time in case of non-payment, the Customer authorizing him in this capacity to enter anywhere they are found.
6. DELIVERY / COLLECTION
6.1. The delivery time is indicated on the invoice, taking into account O'parquet's supply restrictions. A possible delay cannot justify the cancellation of an order, nor damages.
6.2 Delivery is made by removal by the Customer from O'parquet's premises or by delivery at the Customer's door by a carrier outside O'parquet.
6.3. The Customer undertakes to verify the quantities delivered and the good condition of the Products upon receipt and to make the necessary reservations with the carrier, noting the delivery note confirmed by delivery registered within 7 (seven) days. Any subsequent disputes cannot be taken into account.
6.4 Any order not picked up on the scheduled pickup date or any delivery delayed by Customer will be stored for a period of sixty (60) days. At the end of this period, O'parquet reserves the right to charge storage costs. The deposit will be considered acquired by O'parquet after a period of one year from its payment.
7. RETURNS
7.1. Product returns will not be accepted in the following cases:
I) Open retail packages or foils;
II) Counter-brands;
III) Products for sale;
IV) Products stored in non-conforming conditions;
V) Invoice with more than 30 days.
7.2. Product returns accepted by O'parquet will be subject to a credit, to be used within one year of issue.
8. CAUTION
Our products must be transported, stored and installed in accordance with standards and practices. Our factory-finished products must be installed last, after all other work, in dry, heated rooms. As wood is a natural and living material, colors and surface finishes may vary from sample and delivery to delivery. Variations in color, appearance, finishes etc. they cannot be recognized as defects, such as impacts on jointing systems (damage, broken edges, etc.), if they do not prevent the installation of the parquet.
9. COMPLAINTS
Any claim must be made against a delivery record and must be accompanied by the invoice and delivery note for the Product that is the subject of the claim. Any claim will be refused after installation. The fact that the Customer has filed a complaint cannot, in any way, justify the delay in payment.
10. WARRANTY
Our Products benefit from the legal guarantee of compliance provided for in article L. 211-4 of the Consumer Code and against hidden defects provided for in article 1641 of the Civil Code. Disputes must be formulated by LRAR within seven (7) days after notice by the Client. If the Products are in the process of being installed, the installation must be interrupted on the day of discovery of the defect, otherwise the Customer will lose the benefit of the warranty.
11. LIMITATION OF LIABILITY
11.1. O'parquet declines any responsibility if the Products have not been properly chosen by the Customer according to their use, or have not been used, stored, transported or maintained in accordance with the rules of art. Any help or advice given by or on behalf of O'parquet will be deemed to have been received at the Client's expense and risk.
11.2. If an apparent or absent defect is in fact observed by O'parquet, O'parquet will only be carried out, at its discretion, to replace within the limit of available stocks or to refund all amounts paid for the product in question, excluding any other form of compensation. O'parquet cannot be held liable for immaterial damages, in particular loss of turnover, or for any direct, indirect or punitive damages, whether in contract, tort or other liability. In any case, O'parquet's liability shall be expressly limited to the quantity of the Products in question.
11.3. In the event that O'parquet puts the Customer in contact with a third party for a service attached to the sale (delivery, installation...), O'parquet will in no way be responsible for any defects or problems arising from this service, or third party involving only your responsibility for their service.
12. FORCE MAJEURE
12.1. In case of force majeure, O'parquet will not be held liable for any delay or failure to fulfill its obligations. The following are considered in particular as such, and without this enumeration being exhaustive: war, laws, regulations and state or judicial decisions, strikes and other labor disputes, accidents, floods and fires, delays or failures of carriers, any restrictions on exports or imports, etc.
12.2. In the event of one of these events, O'parquet will inform the Client by means of a delivery record, this notification suspending its delivery obligation for the duration of said event. At the end of a period of two (2) months from the notification, the Customer may notify O'parquet via recorded delivery of its decision to terminate the order for Products for which delivery has not yet occurred and has not yet occurred . in progress on this date.
13. AUTONOMY OF PROVISIONS
Any provision of this document may be deleted without any impact on any other part of these General Conditions.
14. APPLICABLE LAW AND ASSIGNMENT OF JURISDICTION THE SALE IS SUBJECT TO PORTUGUESE LAW. ANY DISPUTES RELATING TO THE APPLICATION OF THESE GENERAL CONDITIONS AND/OR ARISING OUT OF ANY SALE CONCLUDED BETWEEN THEM SHALL BE IN THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL COURT OF PORTO.