Conditions générales de vente
Article 1 - Purpose
These General Terms and Conditions of Business (hereinafter referred to as "GTCB") govern the contractual relationship between LAPP LTD, with its registered office at Unit 3 Perivale Park, Horsenden Lane South, Greenford, Middx, UB6 7RL, UK with the trade name "NAMUR BOIS", certified according to ISO 9001:2008.
These General Terms and Conditions of Business apply without restriction or reservation to all sales by LAPP LTD (hereinafter referred to as the "Seller" or "NAMUR BOIS") to non-professional buyers (hereinafter referred to as the "Customer" or "Buyer") who wish to acquire the Products offered for sale by the Seller by immediate purchase or by placing an order via the Seller's website, by telephone or any other remote means or directly at the Seller's premises located at Rue Camille Charlier 25, 5020 Namur, Belgium.
The Seller or NAMUR BOIS, the Customer or the Buyer, may hereinafter be referred to individually as the "Party" or collectively as the "Parties".
The GTC specify in particular the conditions of immediate purchase, of placing an order, of payment, and of delivery of the Products ordered by the Customers.
These GTC apply to the exclusion of all other conditions. They are systematically communicated to all Customers prior to the immediate purchase or before the placing of an order and shall prevail, if necessary, over any other version or any other contradictory document.
The Customer declares that he/she has read these GTC and accepted them prior to his/her immediate purchase or the placing of his/her order. As these GTC may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the date of the immediate purchase or the placing of the order.
Validation of the order by the Customer implies acceptance without restriction or reservation of these GTC. Any contrary condition set by the Customer and not accepted in writing is not opposable to NAMUR BOIS
Article 2 - Geographical area
The online sale of the Products presented on the Seller's website is reserved for Buyers who reside in Europe.
Article 3 - Characteristics of the Products offered for sale
The products offered for sale by the Seller are mainly densified wood, split wood, pellets, wood pellets, firewood, wood stove and any other goods marketed by NAMUR BOIS (hereinafter the "Products").
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented in the Seller's catalogue, published on the Seller's website. The photographs and graphics presented are not contractual and shall not incur the liability of the Seller. The Customer must refer to the description of each product in order to know its properties and essential characteristics.
Product offers are subject to availability.
Article 4 - Orders placed on the website www.namurbois.be
The Buyer places an order on the Seller's website: "www.namurbois.be". To purchase one or more Products, he/she must follow the following ordering process:
Choice of Products and addition to the basket
Validation of the contents of the basket
Identification on the website or registration on the identification form on which he/she will indicate all the requested details (identity, e-mail address, delivery address, billing address, etc.)
Choice of delivery method
Choice of payment method and acceptance of the GTC
Validation of the payment
The Buyer will receive an e-mail confirming the order, including a summary of the order.
The Buyer may at any time during the ordering process view the details of his order as well as its total price and correct any errors, before confirming it to express his acceptance.
NAMUR BOIS reserves the ownership of the Products until the order is paid in full, i.e. when NAMUR BOIS has received the full price of the order.
NAMUR BOIS reserves the right to cancel or refuse any order from a Buyer with whom there is a dispute regarding the payment or delivery of a previous order. Any order implies acceptance of the prices and Products available for sale.
NAMUR BOIS commits to honouring orders received on the website only within the limits of available stocks.
In the event of cancellation of the order by the Customer after receipt of the order confirmation e-mail, for any reason whatsoever except force majeure and the use of the right of withdrawal, any sum paid at the time of purchase of the Products will be automatically acquired by the Seller and may not give rise to any reimbursement.
Article 5 - Orders - immediate purchases
Apart from orders placed on the Seller's website (i.e. in particular in the case of orders placed by telephone or on the spot), orders for Products and immediate purchases are made in the following way
Choice of Products
Identification of the Buyer (contact details, e-mail address, delivery address, billing address, etc.)
Choice of delivery method
Choice of payment method and acceptance of the GTC
Validation of the payment
The sale shall not be considered final until the Seller has sent or given the Customer confirmation of acceptance of the order (by e-mail or any other means), and after the Seller has collected the full price.
It is the Customer's responsibility to check the accuracy of the order and to report any errors immediately.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment or delivery of a previous order.
NAMUR BOIS undertakes to honour orders only within the limits of available stocks.
NAMUR BOIS reserves the ownership of the Products until the order is paid in full, i.e. when NAMUR BOIS has received the full price of the order.
In the event of cancellation of the order by the Customer after its acceptance by the Seller, for any reason whatsoever, except for force majeure and the use of the right of withdrawal, any sum paid at the time of the purchase of the Products will be automatically acquired by the Seller and may not give rise to any reimbursement.
Article 6 - Product prices
The prices indicated on the NAMUR BOIS website, communicated by telephone or available at the Seller's premises, are expressed in Euros, all taxes included. They are valid and payable at the time the order is validated.
These prices are firm and non-revisable during their period of validity, as indicated on the Seller's price list, the latter reserving the right, outside this period of validity, to modify the prices at any time.
The Seller reserves the right to modify the prices at any time. Prices are subject to change without notice depending on available stocks, market and cost conditions and the commercial policy of NAMUR BOIS.
Once the order has been validated, the price of this order is no longer likely to change, except for changes in applicable taxes or obvious errors. Any change in the VAT rate may be reflected in the price of the Products.
For Products that are not collected by the Customer himself, the prices do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated in the Seller's price list and calculated prior to the immediate purchase or the placing of the order. The payment requested from the Customer corresponds to the total amount of the sale, including these costs.
Article 7 - Terms of payment
The price is payable in full on the day of the immediate purchase or the placing of the order by the Customer, according to the following methods
by bank cards: Visa, MasterCard, American Express, other credit cards
by bank transfer
All payments must be made payable to "NAMUR BOIS", indicated as the sole beneficiary.
Payments made by the Customer shall only be considered final after the Seller has effectively collected the sums due.
In the event of an order by telephone or any other remote means (apart from online ordering via the Seller's website or immediate purchase in the Seller's premises), the Products ordered will be reserved for the Buyer for 7 calendar days from the date of the order. After this period and in the absence of payment, NAMUR BOIS reserves the right to cancel the Customer's order.
The Seller reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of orders in progress made by the Customer.
The Customer shall not be charged any additional costs in excess of those incurred by the Seller for the use of a payment method.
Article 8 - Delivery of Products - Deliveries
Unless otherwise specified at the time of the order, the Products ordered by the Buyer are delivered by NAMUR BOIS, directly or by a carrier, to the delivery address defined by the Buyer.
Collection of the Products in shop
Products that are the subject of an immediate purchase or an order can be immediately taken away by the Customer from the Seller's shop, located at Rue Camille Charlier 25, 5020 Namur, Belgium.
Delivery
In case NAMUR BOIS provides delivery, the Products are transported under its responsibility.
An appointment must be made for the order to be physically received by the Buyer or one of its representatives from Monday to Friday, during working hours. An appointment consists of a one-day or half-day slot.
The Products ordered or purchased by the Customer will be delivered in Europe within the delivery time indicated on the Product sheet, to which is added the time required for processing and delivery to the address indicated by the Customer at the time of his/her purchase or order.
The delivery times indicated on the website are indicative average times, subject to the Products being available in stock at the time of the order. The average delivery times are 5 to 15 working days. These times are average times and may be increased to 20 days for certain destinations. These times do not include order preparation (1 to 2 working days) and run from the date of dispatch.
The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the time limits specified above.
However, these deadlines are given as an indication. If the Products ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure, the sale may be cancelled at the written request of the Customer under the conditions provided for in Articles L.216-2, L.216-3 and L.241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest in the 14 days which follow the date of denunciation of the contract, with the exclusion of any compensation or deduction.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product.
Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered at once.
Placing an order implies understanding and acceptance of the delivery conditions. In particular, the delivery address must be accessible by truck. Delivery is made at the property line or at the foot of the truck and subject to accessibility (flat surface, tarmac, asphalt, concrete). The pallet truck does not drive over stones, grass or soil. The pallet truck does not drive over curbs, pavements, steps or slopes. Failure to keep appointments or delays may result in additional delivery charges or waiting time for the truck and driver. Drivers are not allowed to drive the pallet truck up the aisles (public or private). Delivery is understood to be "curbside" or "at the foot of the truck".
The Buyer must also make all arrangements for the subsequent transfer of the ordered goods by his own means to their final storage location.
If delivery is impossible due to the accessibility of the customer's address to the lorry, the return costs will be charged to the customer. The return costs invoiced may be higher than the flat-rate shipping costs paid at the time of the order and according to the carrier's price list.
The Buyer must accept the delivery, which implies the verification of the nature, quantities, weights and volumes delivered.
Any claim, to be accepted, must be made within a maximum of three days from the receipt of the Products by registered letter with acknowledgement of receipt addressed to NAMUR BOIS.
If the complaint concerns the nature and quantity of the Products, it must also be mentioned on the counterfoil remaining in the hands of the carrier, a copy of which will be attached to the letter.
The Buyer must check the conformity of the goods delivered and their packaging at the time of delivery and before signing the carrier's delivery note.
In the event of a damaged product or packaging, the Buyer must indicate any anomaly on the delivery note and in the form of precise handwritten reservations accompanied by his signature. In the absence of handwritten reservations, this verification is considered to have been carried out and the goods are considered to have been delivered in conformity, as soon as the Buyer, or a person authorised by the Buyer, has signed the delivery note. No claim can be accepted in the absence of precise handwritten reservations.
Article 9 - Transfer of ownership - Transfer of risks
The transfer of ownership of the Vendor's Products to the Customer, whether it is an immediate purchase or an order, will only take place after full payment of the price by the latter, regardless of the date of delivery of the Products.
Except where the Customer takes delivery of the Products himself or uses a carrier chosen by him, in which case the transfer of risks is effected at the time the Products ordered are handed over by the Seller to the Customer or to the carrier chosen by the Customer, regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto shall only be effected at the time the Customer takes physical possession of the Products.
Article 10 - Right of withdrawal
In the case of an order placed remotely, via the Vendor's website, by telephone, mail or e-mail, the Buyer has a right of withdrawal of 14 days from the day of receipt of the Products by him or a third party, other than the carrier, designated by him.
The Buyer has a period of 14 days, following the communication of his decision to withdraw, to return the Products delivered, at his expense and risk, in their original packaging, accompanied by a copy of the delivery note, to the Seller's warehouse or to the warehouse of the carrier which will be indicated to him.
The Buyer will be reimbursed within 14 days from the date on which the Seller is informed of the Buyer's decision to withdraw, subject to the return of the Products.
If the Buyer refuses delivery once the shipment has been made, the return costs will be charged to the customer. The return costs invoiced may be higher than the flat-rate shipping costs paid at the time of the order and according to the carrier's price list.
Article 11 - Seller's liability - Warranty
The Products offered for sale comply with the regulations in force in France and have performances compatible with non-professional uses.
The Products supplied by the Vendor benefit by right and without additional payment, in accordance with the legal provisions,
the legal guarantee of conformity, for apparently defective, damaged or damaged Products or those that do not correspond to the order or to the immediate purchase,
the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the Products delivered and making them unfit for use,
under the conditions and according to the terms set out in the box below and defined in the appendix to these GTC (guarantee of conformity / guarantee against hidden defects).
It is recalled that within the framework of the legal guarantee of conformity, the Customer :
has a period of two years from the delivery of the goods to take action against the Seller
may choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code.
Defects of conformity that appear within twenty-four months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise, except for second-hand goods, for which the period is extended to six months (Article L.217-7 of the Consumer Code).
The legal guarantee of conformity applies independently of the commercial guarantee that may cover the product.
The Customer may decide to implement the guarantee against hidden product defects in accordance with Article 1641 of the Civil Code; in this case, he/she may choose between the resolution of the sale or a reduction in the sale price in accordance with 1644 of the Civil Code.
In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within the above-mentioned time limits and return or bring back to the shop the defective Products in the condition in which they were received with all the elements (accessories, packaging, instructions, etc.).
The Seller will reimburse, replace or repair the Products or parts under warranty that are judged to be non-compliant or defective. In the case of delivery, the shipping costs will be reimbursed on the basis of the invoiced rate and the return costs will be reimbursed on presentation of the receipts.
Reimbursements for Products deemed to be non-conforming or defective will be made as soon as possible and at the latest within 30 days of the Seller's finding of the lack of conformity or hidden defect.
Refunds shall be made by crediting the Customer's bank account or by bank cheque sent to the Customer.
The Seller shall not be held liable in the following cases
non-compliance with the legislation of the country in which the Products are delivered, which it is up to the Customer to check,
in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
Article 12 - Intellectual property
The Seller retains all intellectual property rights to the photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the request of the Customer) with a view to supplying the Products to the Customer.
The Customer shall therefore refrain from reproducing or exploiting the said photographs, presentations, studies, drawings, models and prototypes, etc., without the express, written and prior authorisation of the Seller, which may be conditional on a financial consideration.
Article 13 - Personal data
The personal data provided by the Customer are kept by the Seller for the needs of the activity of NAMUR BOIS.
In accordance with the French Data Protection Act of 6 January 1978, the Customer has the right to access, modify, rectify, question, oppose and delete personal data concerning him/her collected by the Seller in the context of its activity.
The Seller ensures the confidentiality of the personal data collected. However, the Customer acknowledges that the Seller may be required, in accordance with its legal obligations, to reveal personal information in the context of legal proceedings (search warrants etc.).
Article 14 - Enforcement in kind
Notwithstanding the provisions of Article 1221 of the Civil Code, the Parties agree that in the event of a failure by either Party to fulfil its obligations, the Party suffering the failure may not request compulsory execution.
In the event of non-performance of any of the obligations incumbent on the other Party, the Party that has been the victim of the default may request the termination of the contract in accordance with the terms and conditions defined below.
Article 15 - Exception of non-performance
It is recalled that, pursuant to Article 1219 of the Civil Code, each Party may refuse to perform its obligation, even though it is due, if the other Party does not perform its own obligation and if this non-performance is sufficiently serious, i.e. likely to jeopardise the continuation of the contract or fundamentally upset its economic balance.
The suspension of performance shall take effect immediately upon receipt by the defaulting Party of the notice of default sent to it to this effect by the Party suffering the default, indicating the intention to apply the exception of non-performance for as long as the defaulting Party has not remedied the default observed, served by registered letter with acknowledgement of receipt or on any other durable written medium allowing proof of dispatch.
This exception of non-performance may also be used as a preventive measure, in accordance with the provisions of Article 1220 of the Civil Code, if it is clear that one of the Parties will not perform its obligations on the due date and that the consequences of this non-performance are sufficiently serious for the Party that has been the victim of the default.
This option shall be used at the risk of the Party taking the initiative.
The suspension of performance shall take effect immediately upon receipt by the Party alleged to be in default of the notification of the intention to apply the exception of preventive non-performance until such time as the Party alleged to be in default performs the obligation in respect of which a future failure to perform is manifest, served by registered letter with acknowledgement of receipt or on any other durable written medium that provides proof of posting.
If the impediment is definitive or lasts for more than two months, the present contract will be purely and simply terminated in accordance with the terms and conditions defined in the article Termination for failure by a Party to fulfil its obligations.
Article 16 - Force majeure
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
The Party noting the event must immediately inform the other Party of its inability to perform its service and justify this to the latter. The suspension of obligations shall in no case be a cause of liability for non-performance of the obligation in question, nor shall it lead to the payment of damages or penalties for delay.
The performance of the obligation shall be suspended for the duration of the force majeure if it is temporary and does not exceed two months. Consequently, as soon as the cause of the suspension of their mutual obligations disappears, the Parties shall make every effort to resume normal performance of their contractual obligations as soon as possible. To this end, the Party prevented shall notify the other of the resumption of its obligation by registered letter with acknowledgement of receipt or any extrajudicial act. If the impediment is definitive and exceeds a period of two months, the present contract shall be purely and simply terminated in accordance with the terms and conditions defined below.
During this suspension, the Parties agree that the costs generated by the situation shall be shared equally.
Article 17 - Resolution
Termination for force majeure
Termination by operation of law for reasons of force majeure, notwithstanding the clause on termination for failure by a Party to fulfil its obligations set out below, may only take place 15 days after receipt of a formal notice served by registered letter with acknowledgement of receipt or any extrajudicial act and after having established that the impediment is definitive or exceeds a duration of two months in accordance with Article 16 above.
However, this notice of default must mention the intention to apply this clause.
Termination for non-performance of a sufficiently serious obligation
In the event of sufficiently serious non-performance of any of the obligations incumbent on the other Party, the Party suffering the default may notify the Defaulting Party by registered letter with acknowledgement of receipt of the faulty termination of the present contract, 15 days after receipt of a formal notice to perform which has remained unsuccessful, in application of the provisions of article 1224 of the Civil Code.
In any event, the injured Party may request the award of damages in court.
Resolution in the event of a sale outside the geographical area
In the event of a sale outside the geographical area defined in Article 2 hereof, the sale may be cancelled by operation of law at the Seller's discretion, without any formalities being required.
Article 18 - Applicable law - Language
By express agreement between the Parties, these GTC and the operations arising from them are governed by and subject to Irish law.
These GTC are written in English. In the event that they are translated into one or more foreign languages, only the English text shall be deemed authentic in the event of a dispute.
Article 19 - Disputes
All disputes to which the purchase and sale operations concluded in application of these GTC could give rise, concerning both their validity, their interpretation, their execution, their cancellation, their consequences and their consequences and which could not be resolved amicably between the Seller and the Customer, will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he may in any case have recourse to conventional mediation, in particular with the Consumer Mediation Commission (Article L.612-1 of the Consumer Code) or with the existing sectoral mediation bodies, or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
Article 20 - Pre-contractual information - Customer acceptance
The Customer acknowledges having been informed, prior to the immediate purchase or the placing of the order and the conclusion of the contract, in a clear and comprehensible manner, of these GTC and of all the information listed in article L.221-5 of the Consumer Code, and in particular the following information
the essential characteristics of the Product
the price of the Products and related costs (e.g. delivery)
in the absence of immediate execution of the contract, the date or the deadline by which the Seller undertakes to deliver the Product
information on the identity of the Seller, its postal, telephone and electronic contact details, and its activities, if not apparent from the context
information relating to legal and contractual guarantees and their implementation modalities
the functionalities of the digital content and, where applicable, its interoperability
the possibility of resorting to conventional mediation in the event of a dispute
The fact that a natural person (or legal entity) makes an immediate purchase or orders a Product implies full and complete acceptance of these GTCs and an obligation to pay for the Products ordered, which is expressly recognised by the Customer, who waives, in particular, the right to rely on any contradictory document which would be unenforceable against the Seller.
ANNEX I
GUARANTEE OF CONFORMITY - LEGAL GUARANTEE AGAINST HIDDEN DEFECTS
Article L217-4 of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L217-5 of the Consumer Code
The goods are in conformity with the contract: 1° If they are fit for the use usually expected of similar goods and, if applicable :
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-9 of the Consumer Code
In the event of a lack of conformity, the buyer may choose between repairing or replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the importance of the defect. In this case, the seller is obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L217-13 of the Consumer Code
The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature that is recognised by the law.
Article 1641 of the Civil Code
The seller is bound by the guarantee for hidden defects in the item sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.
ANNEX II
RIGHT OF WITHDRAWAL - WITHDRAWAL FORM
Article L221-18 of the Consumer Code
The consumer shall have a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a telephone canvass or off-premises, without having to give reasons for his decision or to bear any costs other than those provided for in Articles L. 221-23 to L. 221-25. The period mentioned in the first paragraph shall run from the day :
1° Of the conclusion of the contract, for contracts for the provision of services and those mentioned in Article L. 221-4 ;
2° Of receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For off-premises contracts, the consumer may exercise his right of withdrawal as from the conclusion of the contract.
In the case of an order for several goods delivered separately or in the case of an order for a good consisting of multiple lots or pieces, the delivery of which is staggered over a defined period, the period shall begin from the receipt of the last good, lot or piece.
For contracts providing for the regular delivery of goods over a defined period of time, the period shall run from the receipt of the first good.
Model withdrawal form (distance selling to a non-professional buyer)
Registered letter with acknowledgement of receipt
Dear Sir or Madam,
On (date), I placed an order with you by (telephone, Internet) and I took delivery of it on (date).
In accordance with Article L. 221-18 of the Consumer Code, I would like to inform you that I wish to exercise my right of withdrawal concerning this order and I will return it to you or drop it off at your premises (...) (specify) within the next fourteen days.
I would like to request a refund of the sum of (...) euros that I paid to you by (credit card, etc.).
Thank you very much.
(Signature)