GENERAL CONDITIONS OF SALE
Article 1 – GENERAL INFORMATION
These general conditions of sale define the parties’ rights and obligations in the context of orders made by each customer to SAS Isocover.
1.1 – Definitions
Customer: the company or individual who makes an order. Isocover: a simplified stock company with capital of €1000 whose head office is located at 18 – 22 rue d’Arras 92000 Nanterre, France registered with the RCS of Paris 835231085 – Intra-Community VAT FR34835231085.
Site: the website https://isocover.fr/
Order: any order made by the customer to Isocover.
1.2 – Application
Unless otherwise stipulated, Isocover’s sales, whether made at the factory, by email or at professional shows or exhibitions in which Isocover takes part, as well as all the related legal reports, are governed exclusively by these general conditions of sale.
The customer accepts them without restriction or reservation when they make an order or confirm a quote. The applicable conditions are those in force on the date when the order is made. The quote signed and the confirmation email of a quote constitute an electronic signature which has the same value between the parties as a handwritten signature.
The fact that Isocover does not prevail at a given time of one of the provisions in these general conditions may not be interpreted as Isocover renouncing the possibility of prevailing of them later.
If one or more of the stipulations in these general conditions are declared invalid under application of a law or a regula- tion or following a legal decision, the other stipulations will maintain their force and scope.
Article 2 – CONTRACT FORMATION, ORDERS
2.1 – Contract formation
Confirmation of the order by the customer means the full and entire acceptance of the general conditions of sale which take precedence over all earlier versions, of which the customer declares that they have taken note prior to the order.
They also enable the customer to be informed of the condi- tions and steps necessary for making and tracking their order. Isocover reserves the right to modify these general conditions of sale at any time.
2.2 – Orders
When a quote is established by Isocover, it constitutes the specific conditions which modify or complete these general conditions. This also applies when a collaboration contract is signed; this contract may contain any clause which amends these general conditions.
Isocover responds to all customer requests with a quote which is valid for thirty days after it is issued. The customer checks the quote, the dimensions, the quantities and any graphic proposals before making their order. The customer defines their order by returning a signed quote (in person, by post or by email) or an explicit confirmation by email. Verbal or telephone agreement is not sufficient.
The invoices are sent by post and/or email on despatch or collection.
2.3 – Cancellations
Cancellations, suspensions or modifications are only reco- gnised if they are made in writing.
• An order may be cancelled if the order has not been pro- duced yet in the dimensions requested by the customer.
• An order whose preparation has begun will be invoiced at the stage in which it remains. The customer may be in- voiced for cancellation, design or creation costs following a cancellation.
• An order which has been despatched cannot be cancelled.
2.4 – Non applicability of the cooling-off period
In accordance with article L121-28 of the French Consumer Code, the right of withdrawal (applicable to contracts signed by remote and outside the establishment) is not applicable to the contract between Isocover and the customer, as this contract relates to the supply of goods produced according to the customer’s specifications or which are significantly per- sonalised.
Article 3 – PRICES AND PAYMENT CONDITIONS
3.1 – Prices
Except where otherwise stated, the prices displayed are in- dicated in Euro exclusive of taxes and without shipping costs (defined in article 4.2).
All services are invoiced according to the price in force when the order is made or according to the price in the accepted quote. Any amendment requires written agreement from Isocover.
The prices may be modified at any time and without notice according to the prices applied by Isocover’s own suppliers.
For each made to measure request, the surface invoiced is calculated adding a safety margin of 10%, rounded up to the next metre.
No reduction is offered for any surfaces ordered by the cus- tomer but not used.
3.2 – Payment conditions
Except where agreed with the customer, 100% of the amount (including taxes and shipping) of the products ordered is paid when the order is made. No design, creation or production will be launched before payment is received.
By exception, Isocover reserves the right to accept:
• After a first order paid in full, following orders may be the subject of a 50% down payment of the amount (including taxes and shipping) of the order, with the balance paid at the latest 30 days after the balance invoice is issued;
• After a first order paid in full, an in-progress request and a satisfactory examination of the accounting elements provided for this purpose, following orders may be the subject of a ba- lance payment at the latest 30 days after the invoice is issued, up to an in-progress amount established by Isocover;
• A payment 30 days after invoice, in the case of an adminis- trative order form.
Isocover keeps the full property of its delivered goods until they have been paid for in full; in the meantime, the customer is responsible for any damage they may undergo or cause. Invoices must be paid at the latest 30 days after their issue date. According to article L441-6 of the French Commercial code, in the event of late payment, without a reminder being necessary, a late penalty will be applied at the European Central Bank’s key rate plus 10 points, i.e. 10% for penalties due from 1st January 2016, combined with fixed-rate recovery compensation of €40 per invoice (article D441-5 of the French Commercial Code). These penalties are not subject to VAT.
3.3 – Methods of payment
The following methods of payment are accepted by Isocover, in order of preference:
• Transfer to Isocover’s account. The bank details appear in the first quotes and invoices issued by Isocover for the cus- tomer. The customer must pay any bank transfer fees. If the customer leaves these fees to the recipient, Isocover may in- voice them to the customer;
• Bank cheque. Cheques sent to Isocover will be deposited immediately.
Article 4 – DELIVERIES
4.1 – Lead times
The products ordered are delivered within the lead times indi- cated in the quote, from confirmation of the order. Everything will be done to respect them; if, despite these efforts, these times are not respected, no compensation or order cancella- tion will be possible. According to article L216-2 of the French Consumer Code, the sale may be cancelled at the customer’s request by registered letter if the products are not delivered thirty days after the scheduled delivery date. The sums which have been paid are then reimbursed to the customer, without compensation.
The company is freed of the obligation to execute customer orders in the event of fortuitous cases or acts of God (total or partial strike, floods, fires…).
4.2 – Shipping costs
The delivery costs must be met by the customer. They appear in the quote. However, the customer may collect their order at no cost directly from the premises located at 18 – 22 rue d’Arras 92000 Nanterre, France, by request, and after a period of two days to prepare the order.
4.3 – Taxes and customs fees
The import taxes, customs fees (whether on a fixed-rate or proportional basis), cost of certificates of origin and other formalities must be met by the customer.
4.4 – Installation
There are three possible options for each order:
• The customer is responsible for installation. They alone bear the costs and risks and are responsible for the relationship with any installers;
• At the customer’s request, Isocover may put them in contact with a third party company which will propose its services to the customer. They alone bear the costs and risks and are responsible for the relationship with any installers;
• Under exceptional circumstances, Isocover may propose aninstallation service to the customer. The amount for this service will be indicated in a quote and paid in advance by the customer. Isocover may call on a third party company who will carry out the installation on its behalf. In this case, Isocover will be responsible for the relationship with any installer.
Article 5 – WARRANTY AND COMPLAINTS
5.1 – Responsibility during transit
Responsibility for the goods is transmitted to the customer when they are picked up by them, or by a third party ap- pointed by them. Where applicable, responsibility for the goods is transmitted to the carrier when they are picked up by them, then to the customer during delivery.
In accordance with articles L133-3 and following of the French Commercial Code, the customer alone must preserve their interests in relation to the carrier. On reception, they are re- quired to verify the number of packages and their condition; in the event of damage or partial loss, the customer must notify the carrier of their justified protest within three days following reception, not including public holidays, by extrajudicial act or registered letter.
5.2 – Information and complaints
Requests for information, specification and any complaints may be sent to Isocover either by email to the address email@example.com, or by post to the address: Isocover, 18 – 22 rue d’Arras – 92000 Nanterre, France.
The customer checks the condition, dimensions and products in their order on reception, before installation.
To be acceptable, a complaint must be written within 15 days following reception, and imperatively before installation.
This complain must:
• Define the fault clearly;
• Include the despatch label;
• Have photos or samples of the faults.
The incriminated goods must not be transformed or destroyed but be kept under good conditions until examination. Isocover will propose repeating the order, after any modifications and adjustments, or a credit note to be used on a future order. If the non-compliance is the result of an error by Isocover, the new order and the new despatch will be at Isocover’s cost. The initial order and its transport costs remain due. If the non-compliance is the result of an error by the customer (wrong measurements, confirmation of a quote without rea- ding it, etc.), the new order and the new despatch will be at the customer’s cost.
The amount of Isocover’s responsibility may not exceed the amount of the service invoiced.
5.3 – Warranties
The customer benefits from the provisions of the legal war- ranty, in particular those which relate to the warranty on hid- den faults. The contractual warranties do not cover:
• Abnormal or non-compliant use of the products. In particu- lar, the customer must follow the installation guide provided by Isocover;
• Faults and their consequences due to the intervention of an installer;
• Faults and their consequences due to use which does not comply with the use for which the product is intended;
• Faults and their consequences due any external causes.
5.4 – After sales service
If Isocover accepts the return of goods from the customer, the customer has three days from this acceptance to return the order at their own expense. The return must be accompanied by the delivery note, in the original packaging, with no other deterioration to this packaging other than that strictly neces- sary to open it.
The delivery costs for the original order are not reimbursed. Orders which are incomplete or which are damaged or dirtied by the customer will not be accepted.
The accepted returns may lead to an exchange, a credit note or a refund, by agreement between Isocover and the cus- tomer.
Article 6 – INTELLECTUAL PROPERTY
6.1 – Isocover’s files
The designs, plans, drawings, films, models and documents handed over or sent by Isocover remain the company’s pro- perty: they must not be communicated by the customer to any third parties for any reason. Any reproduction, imitation or copying by any process is prohibited, subject to legal procee- dings.
Article 7 – JURISDICTION
In the event of a dispute, competence is assigned to the courts of our head office.