1 – Application of the General Terms of Sale – Opposability
Any order or acceptance of an estimate by the customer entails acceptance of the general terms of sale provided by the company LES JARDINS DU ROI SOLEIL (hereinafter JRS), a simplified joint stock company (SAS) with a capital of 166,000.00 euros, registered with the RCS of Paris under number 384 279 196, having its registered office – 8 rue Lemercier – 75017 Paris, France.
The fact that JRS does not take advantage at a given time of any of these general conditions of sale cannot be interpreted as a waiver of the right to take advantage of any of the said conditions at a later date.
2 – Orders
The order specifies in particular the quantity, the type, the references, the brand of the product(s) sold as well as the agreed price, the terms of payment, the place and the date of delivery or collection.
The order is only final upon acceptance of the quote by the customer.
In case of shortage, JRS will respond to orders according to their order of arrival and to the extent of availability.
The benefit of the order is personal to the customer and cannot be transferred without the agreement of the seller.
Any modification or cancellation of the order requested by the customer can only be taken into consideration if it is received in writing before the order is dispatched for production.
JRS reserves the right not to accept the modification. In this case, the deposits paid will not be refunded.
Cancellation of the order can only be obtained with the consent of JRS.
3 – Prices and invoicing
The products are supplied at the prices in force at the time of placing the order expressed in euros, taking into account the VAT applicable on the day of the order (any change in the rate may be passed on to the price of the products), ex works, packaging billed but not taken back; unless specifically agreed otherwise in writing.
The prices of the goods appearing on the quote are only valid for the duration indicated on the quote, and in any case a maximum of two monthes. Transport costs being likely to change substantially indepedently of the will of JRS, the price of transport on the quote is valid only one month, even in the case the prices of the goods are kept for a longer period. Also, if the client wishes to delay the delivery of the goods for more than two weeks after JRS is ready to deliver, JRS will have the possibility to correct the price of transport to reflect a potential increase in cost, without the client being able to refuse otherwise than by accepting a delivery at the end of this two weeks period. Any supplement to the goods described in the initial quote will be the subject of a new estimate, and to be delivered and executed must first be accepted under the same conditions.
Delivery costs are the responsibility of the buyer and invoiced at the end of the order in addition to the products ordered.
Any tax, fee, duty or other service to be paid in application of French regulations or those of an importing country or a transit country are the responsibility of the customer.
In the event that additional costs are added to the cost of transport invoiced by JRS due to immobilization under customs at the initiative of the customs of the destination country, they will be re-invoiced euro to euro to the customer.
An invoice is established for each delivery, even partial, on the date of completion of the production and issued prior to shipment. The invoice is payable upon receipt.
If modifications relating to the shipping conditions were to occur for any reason, the prices invoiced would be likely to vary according to changes in these conditions (duties, taxes, exchange rates, etc.).
When the customer wants JRS to temporarily store the content of his order, JRS will invoice the storage monthly on the basis of forty (40) euros per m2 from the third month after the issuance of his final invoice.
Every month started from the third month will be invoiced.
4 – Payment
Unless otherwise agreed, payments are made under the following conditions:
For customers in France:
– Payment of a deposit of 50% of the amount of the estimate at the time of the order;
– Payment of the balance before removal by bank transfer, or check to be credited on JRS account before the departure of the goods.
For EXPORT Europe customers:
– Payment of a deposit of 50% of the amount of the estimate at the time of the order;
– Payment of the balance before removal by bank transfer, check before the departure of the goods. The “intra-community VAT” number as well as the certificate of exit from the territory are compulsory. In the absence of these elements, the French VAT rate (20%) will be applied.
For EXPORT other International customers:
– Payment of a deposit of 50% of the amount of the estimate at the time of the order;
– Payment of the balance before removal via bank Swift or French check issued by the responsible freight forwarder, mandated by the customer to be credited on JRS account, before the departure of the goods.
In the event of late payment, JRS may suspend all orders in progress, without prejudice to any other course of action.
Any amount not paid on the due date appearing on the invoice automatically entails, from the day following the payment date shown on the said invoice, the application of penalties of an amount based on three times the legal interest rate. These late penalties are payable without a reminder being necessary. A lump sum compensation of 40 euros is also due for recovery costs.
These penalties and costs will be payable upon simple request by JRS. In the event that the collection costs incurred exceed this flat rate, JRS reserves the right to request additional compensation of 15% of the sums due in the invoice with a minimum of forty-five (45) euros.
In the event of non-payment, forty-eight hours after a formal notice remained unsuccessful, the sale will be terminated automatically if it seems to JRS who may request, in “référé” process, the return of the products, without prejudice to any other claim. The resolution will affect not only the order in question but also all previous unpaid orders, whether delivered or in the process of being delivered and whether their payment is due or not. When the payment is staggered, the non-payment of a single installment will result in the entire debt being immediately due, without formal notice.
In all the above cases, the sums that would be due for other deliveries, or for any other cause, will become immediately payable if JRS does not opt for the resolution of the corresponding orders.
Under no circumstances may payments be suspended or be the subject of any compensation whatsoever without the prior written consent of JRS. Any partial payment will be deducted first from the non-privileged part of the claim, then from the sums for which payment is the oldest.
JRS does not intend to grant any discount for cash payment or on a date prior to that resulting from the general conditions of sale.
5 – Delivery
The delivery does not include the installation of the products or the unpacking and JRS cannot be held responsible for incidents occurring during transport and installation.
Delivery times are indicative.
Exceeding delivery times cannot give rise to damages, withholding or cancellation of orders in progress.
In the event of delay, loss or damage, all recourse must be exercised with the carrier (on the receipt) upon receipt of the goods and all the customer’s reservations must be confirmed to him by registered letter with acknowledgment of receipt within forty-eight ( 48) hours with a copy for the attention of JRS.
In all cases, the products travel at the risk and peril of the recipient, even in the event of sale carriage paid.
It is up to the customer in the event of damage or failure to make all necessary observations and to confirm his reservations by extrajudicial act or by registered letter with acknowledgment of receipt to the carrier within three days of receipt of the goods.
6 – Reception
Without prejudice to the provisions to be made vis-à-vis the carrier, complaints on apparent defects or on the non-conformity of the product delivered with the product ordered or the packing slip, must be formulated in writing within eight (8) days of the arrival of the products by registered letter with acknowledgment of receipt for the attention of JRS.
It will be up to the customer to provide any justification as to the reality of the defects or anomalies noted. He must give JRS every facility to proceed with the observation of these defects and to remedy them. He will refrain from intervening himself or having a third party intervene for this purpose without prior agreement by JRS.
7 – Returns
Any product return must be subject to a formal agreement between JRS and the customer. Any product returned without this agreement would be deemed made available to the customer and would not give rise to the production of a credit note. The costs and risks of the return are always borne by the customer.
Special items, made to order, will not be subject to any return because of their specificity.
Returned goods must be in the condition in which the carrier delivered them and in their original packaging.
8 – Right of withdrawal
Given the manufacture on demand and the artisanal nature of the products, the Customer expressly waives his right of withdrawal in accordance with the provisions of Article L.221-28 of the Consumer Code.
9 – Compliance and Warranty
The products being handcrafted, each product is a unique piece with grains, roughness and imperfections. JRS cannot be held responsible for a difference in color between the paintwork of cast iron and wood.
As the products sold comply with French regulations, it is up to the customer to check with the local authorities whether the product complies with foreign regulations.
The products are guaranteed against any material or manufacturing defect for a period of one (1) month, from the date of delivery, in wich case the customer benefits from the possibility of returning the product at the expense of JRS producing and sending a new one.
Interventions under the warranty cannot have the effect of extending the duration of the latter.
Any shipping costs are the responsibility of the customer, who cannot claim any compensation due to the application of the guarantee.
The wood of oak panels, like any living material, requires careful maintenance and precautions for use, and can in extreme conditions be damaged by lack of precautions. The panels can, in the event of exposure to extreme heat, be subject to a contraction of a few millimeters between each of the blades, which will gradually disappear when they resume their place upon a return to temperature and ambient conditions, normal hygrometry, in particular by indoor humidity. Conversely, oak wood structurally contains tannin, regardless of the extreme care taken in drying and assembly. It is susceptible in certain cases of resurgence in the event of exposure to excessive spraying of water. In particular, it is necessary to avoid placing the crates within reach of an automatic watering device. The technical description available on line at https://www.jardinsduroisoleil.com/wp-content/uploads/2022/11/Technical_notice_JRS.pdf details the charactéristiqus of the products whose sale is governed by these general conditions of sale and the precautions they require.
In certain specific circumstances (presence of an internal tank, display, storage, transport, watering etc…), the natural working of the wood can intensify and accelerate.
10 – Force majeure
In the event of a case of force majeure, the contract may be terminated by JRS by registered letter with acknowledgment of receipt. Force majeure is understood as any event that is unforeseeable, irresistible and beyond the control of JRS.
For the application of this contract, the following events enter, in particular, into the definition of force majeure: total strikes, partial strikes, floods.
11 – Protection of personal data
JRS undertakes to comply with the legislation relating to the protection of personal data in accordance with its confidentiality policy made available to the client.
12 – Retention of title
THE GOODS REMAIN THE PROPERTY OF JRS UNTIL FULL PAYMENT OF THE INVOICE.
13 – Jurisdiction – Dispute
THE APPLICABLE LAW IS FRENCH LAW.
IN THE EVENT OF A DISPUTE RELATING TO THE INTERPRETATION OR EXECUTION OF THEIR AGREEMENTS, THE PARTIES WILL SEEK, BEFORE ANY LITIGATION, AN AMICABLE AGREEMENT AND WILL COMMUNICATE TO THIS END ALL NECESSARY INFORMATION.
IN THE ABSENCE OF AN AMICABLE SETTLEMENT OF THE DISPUTE WITHIN A MAXIMUM PERIOD OF TWO (2) MONTHS, THE PARIS COURTS WILL BE SOLELY COMPETENT IN THE EVENT OF A DISPUTE OF ANY KIND OR A DISPUTE RELATING TO THE FORMATION OR EXECUTION OF THE ORDER.
THIS CLAUSE APPLIES EVEN IN THE EVENT OF “REFERE” PROCESS, INCIDENTAL REQUEST OR MULTIPLE DEFENDANTS OR APPEAL IN WARRANTY, AND REGARDLESS OF THE METHOD AND TERMS OF PAYMENT, WITHOUT THE CLAUSES ATTRIBUTING JURISDICTION THAT MAY EXIST ON THE BUYERS DOCUMENTS MAY OBSTRUCT THE APPLICATION OF THIS CLAUSE.