Terms

ARTICLE 1 – Purpose - Parties

The purpose of these T&Cs is to set out the general terms for the sale of products as well as the performance and settlement of the services carried out by SARL SAPIDE DESIGN (SIREN: 821 908 084) (hereinafter the "Seller") for the benefit of the client designated in the quote and/or the contract and/or the invoice (hereinafter the "Client").

ARTICLE 2 – Application and scope

The T&Cs apply, without restriction or reservation, to all products and services offered by the Seller. The Client acknowledges having read the T&Cs, as well as the information on the essential characteristics of the product or service it wishes to order from the Seller. The essential characteristics appear in the quote or on the purchase order. The T&Cs form a contractual whole with the quote or order that complete them. The T&Cs prevail over any other general terms that may be raised against them.

ARTICLE 3 – Orders

3.1 – Price lists, catalogues, technical notices, advertising or promotional documents do not constitute an offer.

3.2 – The Seller is only bound to carry out a Client's order after written acceptance in the form of an order acknowledgement. If the order is preceded by a quote or a commercial offer from the Seller, it must be confirmed in writing at the latest within thirty (30) days following the date of the Seller's quote or offer. It must include all information necessary for its proper execution. Where the order received contains technical or pricing discrepancies compared to the Seller's quote or commercial offer, the order will only be carried out by the Seller after the Client's formal acceptance of the order acknowledgement incorporating the corrections of these discrepancies.

3.3 – The Client must ensure that the quote meets its expectations and corresponds to the services desired. Once this check has been carried out, the quote and these T&Cs must be returned to the Seller, signed. The return of the signed quote by the Client marks its full and complete acceptance of the specifications of the works and the conditions for their execution and settlement.

3.4 – After the Client's acceptance of the quote, the Seller cannot be held liable for any errors made by the Client or for omissions on its part when accepting the quote. None of the supplies chosen and validated by the Client appearing on the signed quote may be replaced or cancelled, except by the conclusion of an amendment signed by both parties.

ARTICLE 4 – Cancellation

The Client cannot impose on the Seller the cancellation of a firm order, for any reason whatsoever, even if the acceptance of the order has not yet been issued by the Seller. If the Seller accepts the cancellation request before manufacturing begins, it may invoice the Client for all or part of the design, tooling, raw material purchase costs, etc., already incurred with a view to executing the order. If the Client's request to cancel the order reaches the Seller during manufacturing, the Client may not refuse the delivery and payment of the products being manufactured, nor the invoicing of the services being performed.

ARTICLE 5 – Payment terms

5.1 – In the absence of a specific agreement, the price is payable within thirty (30) days from the invoice date. All deposits are payable within six (6) days from the order date or the deposit invoice date.

5.2 – Any late payment of an invoice will make a late-payment penalty payable, calculated at a rate of one and a half percent (1.5%) per month based on the number of days of delay until full payment of the invoiced price, together with the statutory fixed recovery-cost indemnity of €40.

5.3 – No discount will be granted by the Supplier for early payment.

5.4 – Payment for goods is made by bank transfer.

ARTICLE 6 – Retention of title clause

6.1 – The Seller retains ownership of the delivered products until full payment of the price. In this respect, the remittance of bills of exchange or of any instrument creating an obligation to pay does not constitute payment within the meaning of this provision.

6.2 – Should the Client dispose of the products, in any quantity or number whatsoever, before having paid the full price, the Seller may recover the goods present at the Client's premises.

6.3 – The plans, quotes, drawings and specifications drawn up by the Seller remain its exclusive property. If they are not followed by an order, they must be returned to the Seller and may under no circumstances be communicated to others.

6.4 – All technical documents, products, drawings and photographs handed to the Client remain the exclusive property of the Seller, the sole holder of the intellectual property rights over these documents. The Client undertakes to make no use of these documents that could infringe the Seller's industrial or intellectual property rights and undertakes not to disclose them to any third party.

ARTICLE 7 – Delivery and receipt terms

7.1 – Products always travel at the Client's risk, even in the case of carriage-paid shipment.

7.2 – When shipments are made by the Seller at the Client's request, the Seller acts in the name and on behalf of the Client and in no case as a freight forwarder. In whatever capacity the Seller acts under this article, its liability is expressly limited to the cost of transport.

7.3 – Information relating to transport costs is given for guidance only and without warranty. Any increase in transport rates will be borne by the Client.

7.4 – The Client is responsible for the storage, recovery, recycling or destruction of the packaging.

7.5 – The delivery times indicated when the order is validated are specific to each product. Due to manufacturing constraints or any exceptional event beyond the Seller's control, these times may vary; the Seller cannot be held liable for such a delay. The Seller keeps the Client informed of any delay in the manufacture of the Product.

7.6 – In the event of failed delivery, new delivery charges may be calculated. The risks of damage to the parcel following a failed delivery are borne by the Client. The Client has seven (7) working days before the delivery date to inform the Seller of a change of delivery address at info@sapide-design.com.

7.7 – Once delivered, the Client must unpack the Product in the presence of the carrier and check that the delivered product is intact and matches its order; claims relating to the condition of the delivered product will only be admissible within seven (7) days after receipt of the product.

ARTICLE 8 – Variations

8.1 – Despite all the Seller's efforts to represent and reproduce the products in the best conditions, some variations may exist. In particular, solid or veneered wood may vary as it is a natural material. The Seller cannot be held liable for this.

8.2 – All dimensions indicated are as precise as possible given the artisanal nature and the manual manufacture of the products. Some colours may vary, particularly for natural materials. The reproduction of colours and materials is as faithful as possible according to the photographic and publishing processes available to the Seller.

8.3 – The Seller cannot guarantee the exact similarity, in particular of colours (excluding paint references), shades, graining and wood grain, this depending in part on the colour rendering quality of the computer equipment.

ARTICLE 9 – Warranties and Insurance

9.1 – The products are warranted by the Seller for six (6) months from receipt if the Client finds a lack of conformity between the Product sold and the one ordered; any lack of conformity must be reported to the Seller as soon as it is found and duly substantiated; any unfounded claim may lead to a request for compensation from the Seller.

9.2 – The Company is insured to cover risks involving its liability within the meaning of articles 1792 and 1792-3 of the Civil Code and article L.241-1 of the Insurance Code; a certificate of insurance will be provided on request. The Seller declines all liability for damage occurring to third parties outside the hours during which the works are carried out.

9.3 – The Seller's warranty is expressly excluded for indirect damage suffered by the Client, in particular loss of operation.

ARTICLE 10 – Force Majeure

Events beyond the Seller's control, such as machine accidents, partial or total strikes, including strikes occurring at the Seller's suppliers: lock-outs, state of war, fires, epidemics, stoppages in the means of transport, supply difficulties (in particular of raw materials) and, more generally, all cases of Force Majeure, release the Seller from all liability for any damage or loss that may result from delivery delays, or from the total or partial non-performance of orders in connection with these circumstances. The Seller will be released from its obligations for any part of the contract not yet performed at the date of occurrence of a case of force majeure, or of any events beyond its control, without being required to pay any indemnities, damages or costs in connection with this situation and with the non-performance of the contract.

ARTICLE 11 – Termination clause

11.1 – In the event of a breach by one of the parties of its obligations, the party considering itself wronged will set out its claims precisely to the other party. The parties undertake to state their point of view in writing and to do everything possible to try to reach an amicable resolution of the dispute between them. They give themselves a period of three (3) months, at most, to achieve this, their agreement having to be the subject of a written settlement. If, despite their best efforts, the parties have been unable to settle their dispute amicably, it will be decided by the competent courts.

11.2 – In the event of a dispute, the competent court is that of the Seller's registered office, with the exception of disputes relating to consumer Clients within the meaning of the law; for these Clients (individuals), the competent court is that of the damage or of the place where the service was performed.

ARTICLE 12 – Additional works & services

Any works not explicitly provided for in the quote will be considered additional works; they will give rise, before any execution, to the signing of an amendment. The Seller is entitled to take, in an emergency, all necessary precautionary measures, provided that it informs the Client as quickly as possible and by any means.

ARTICLE 13 – Services borne by the client

13.1 – SHOP AND SPACE FIT-OUT AND RENOVATION. Unless expressly agreed by the client and the Seller, the service does not include: plastering and masonry works, the installation of ventilation and heating systems, paint and varnish touch-ups, repairs or retouching following the removal of old materials or accessories, various plumbing or electrical connections, the reconditioning of old joinery such as doors, windows and locking systems. In the case of works requiring authorisation (such as a works declaration, building permit, co-ownership authorisation, etc.), the Client undertakes to inform the Seller when signing the quote. The Client is solely responsible for obtaining the authorisation to carry out the order. Bringing venues that welcome the public and staff into compliance with fire, safety and accessibility standards is the Client's responsibility.

13.2 – STAND AND EVENT FIT-OUT. Unless expressly agreed by the client and the Seller, the service does not include: the storage of the stand and set elements after the event, which will be invoiced by default at €80 excl. tax / month / sqm of stand, from the first day after the service and in advance.

ARTICLE 14 – Online product orders

This clause is only applicable to online Product orders, expressly excluding orders and quotes concluded for Products and Services that can be carried out, after an appointment, for project studies.

14.1 – For any online order, the Client acknowledges having read the T&Cs prior to placing its order and that the validation of its order implies acceptance of their terms. The Client acknowledges that the T&Cs are made available to it in a way that allows their storage and reproduction.

14.2 – The Client must provide complete and accurate information about itself, as requested online and according to its situation.

14.3 – A first confirmation email will be sent as soon as possible, then a second email, known as the validation email, will be sent to the Client to signify acceptance of the order, which forms a contract of sale between the parties, in accordance with the provisions of these T&Cs. The Client is responsible for keeping the validation email and the Seller's liability cannot be engaged in the event of its deletion for any reason whatsoever.

14.4 – For online orders only, the Client has a right of withdrawal from a distance contract in accordance with art. L221-3 of the Consumer Code. The period is fourteen (14) days and requires no justification. A standard withdrawal form, usable only under the conditions of this article, is attached to these T&Cs; the Client acknowledges its terms as compliant and confirms having received it.

14.5 – Any order involving the conclusion of a quote is not classified as an off-premises or distance contract.

14.6 – In the context of a standard sale of products, any product appearing in the SAPIDE BOUTIQUE online collection is eligible for ordering. Each product is made to order, once payment is validated. The Seller undertakes to manufacture the product within the time indicated on the site. If manufacturing is delayed for any reason whatsoever, the Seller informs the Client as soon as it becomes aware of the potential delay.

14.7 – Product prices are indicated on the SAPIDE BOUTIQUE website and correspond to the prices incl. tax applicable on the day of the order, excluding contribution to shipping costs. The Seller reserves the right to modify the prices of the products presented on the SAPIDE BOUTIQUE site before payment of the order, and this without notice.

ARTICLE 15 – Advertising

The Seller is authorised to take photographs or video of the installed products and to use them freely in all its communications, in any form whatsoever.

ARTICLE 16 – Data protection

17.1 – The Client acknowledges and accepts that the Seller collects and stores, for commercial and prospecting purposes, the contact details provided for placing the order; these data are updated with each new order, with the Client's agreement. The Seller's managing director is the data controller.

17.2 – The personal information collected about the Client by the Seller is not passed on to any third party apart from subcontractors, if any.

17.3 – The Client has a full right to access, modify and delete its data concerning it; this right is exercised by sending an email to the Seller at info@sapide-design.com with the subject line "access to personal data"; it may also be exercised by sending a letter to the registered office address.

By signing the T&Cs or any contractual document, the Client accepts without reservation the collection and use by the Seller of personal information under the aforementioned conditions.