CONTRACT CONDITIONS

ORDER PROCEDURE

The shipping time mentioned on the shipping confirmation and the factory shipment time are solely indicative (except specific prior agreement).

 

For all custom product orders we ask to ensure the accuracy of the given dimensions, having left a sufficient margin for the fixtures (40 cm minimum in the extension of the shade diagonals). You must ensure that the shade dimensions given on the estimate are adapted to the installation's environment. 

 

SHIPPING AND MERCHANDISE RECEPTION

 The applied shipping costs are calculated according to a weight/volume pricing and destination country; France; Europe; DOM TOM and outside CEE. 

Clearance costs and destination country taxes will be charged at delivery. 

Thank you for contacting us if you have not received the merchandise in the next five working days after the confirmation that the products were sent.

 

- Check for apparent damage or missing products and mention it on the transport document (CMR). Without this information on the transport document, no protests will be taken into account. For this reason: immediately check for damage or missing products upon received of package. Then establish the damage or missing products under 24h by registered letter to the shipping company with a copy of the CMR, and send us a copy by email.

 

GUARANTEE CONDITIONS

The standard guarantee is of 2 years for all products. Some of the fabrics from our suppliers have a different guarantee (see specificities by quality; guarantees covered following our fabric supplier conditions with their approval).

 

The guarantee is applicable under normal use of products while respecting the set up and usage recommendations

It is necessary to use appropriate fixtures.

 

For all damages due to abusive usage: not respecting normal set up and usage conditions; The guarantee does not apply.

 

Here are a few examples of criteria corresponding to an abusive usage :

 

  • Usage during storms or strong winds (the products are guaranteed to sustain 60km/h winds).
  • Damage made to the fabric due to heat exposure (BBQ/Heater) - with the use of non appropriate cleaning products.
  • Damage due to an inadequate fixture or set up.

(This list is not complete).

 

The guarantee consists in the replacement or the repair of the defective piece.

The transport and labour are taken in charge by the client.

 

The warranty can only be applied with presentation of the original bill indicating the purchase date.

For a professional use the guarantee is limited to a year.

 

GENERAL CONDITIONS OF SALE

1. Under particular conditions possibly effective on the present general conditions  ;

All our sales are made with the following conditions. These conditions prevail on the client purchasing conditions.

 

2. The shipping times are only given as estimates. Exceeded planned shipping times cannot lead to the cancelation of the purchase contract, except in the case of intended or severe wrong by the seller.

Lateness or non execution of the shipment can not create a right to reimbursement for the client.

All order modifications change the shipping time initially proposed.

 The size of the shade sail can be up to -/+15% of the expected size, due to the elasticity of the fabric and the manufacturing processes. This tolerance threshold can not be considered as a manufacturing defect and can not be a clause of nonconformity of the product.The sails are made from fabrics having widths between 120 to 310 cm; Depending on the size and shape of the sails; They may include seams junctions. The position of these seams is defined during manufacture and can randomly be at different positions even for sails of the same size and format. 

3. The seller has the merchandise property until the complete payment has been made. Until the merchandise has not been entirely payed for, the risks are under the client’s responsibility; such as: loss, theft, fire, degradation, vandalism, water damage…

The deposit may be kept to cover eventual losses at resale.

In the case of resale of our merchandise, even transformed, the seller cedes the debt resulting from this sale.

 

4. The merchandise travels at the risk of the client. Shipping costs are under the client’s charge, except in the case of contract modifications. In the case of a DOM TOM or outside EEC, the shipping company will require the payment of taxes effective in the destination country.  

 

5. All requests related to transport conditions must be written by the client on the transport documents on the shipping day and noted by the shipping company. They must clearly determine the litigation: degradation, missing… (The list is not complete) and in the 48h following delivery with registered letter. The defective merchandise may only be returned after written consent from the seller. All returns will be payed for by the client.

 

 

 6.  In accordance with the provisions of Article L.121-21 of the Consumer Code, you have a 14-day cooling-off period from receipt of your products to exercise your right of withdrawal without having to justify any reason or pay penalty. Article L121-16-1 of the Consumer Code extends the rules applicable to relations between professional consumers, to contracts concluded of premises between two professionals when the subject of these contracts does not fall within the scope of the activity of the professional sought and the number of employees employed by the latter is less than or equal to five.  

Are excluded from the list of products eligible for the provisions of Article L.121-21 of the Consumer Code, all products made to measures proided by the customer and all products that have been installed. In order to define the eligibility of products to the provisions os the code consumption and specify the conditions of return it is necessary to contact Shade Sail which will validate the eligibility for the return as well as the to follow. 

No return will be accepted outside these different steps allowing us to confirm the delivery address of the goods in return. All direct deliveries to the head office will be refused. 

Returns are to be made in their original condition and complete 'packaging, accessories, instructions). In this context, your responsability is engaged. Any damage suffered by the product on this occasion may be such as to defeat the right of withdrawal. Return costs are our responsibility. 

7. Any unpaid sum at the deadline without notice is in opposition to the law against tardy payment in commercial transactions. In case of non-payment of the entire or partial amount of the bill at the deadline without a valid reason, and after an unsuccessful notice, the total amount due will be increased by 10% with a minimum of 100.000 € and a maximum of 750.000 €. In case of late payment, cover allowances of 40 euros will be charged. The non payment of only one invoice at the deadline renders the payment of all the other invoices eminent, even the unmatured invoices. In case of non execution of payment obligations by the client, the current sale contracts may be canceled in full right without notice and without liability for damages by the seller.

 

8. In case of major force, the seller being unable to follow the contract has the right to cancel the contract with a simple written declaration to the client of the cause impending him to create an appeal for damages. Are considered as major force: natural phenomenons, strikes, fires, floods, confiscation, embargo, lack of transportation, shortage of basic materials or merchandise, energy consumption restrictions, and this in the case of the major force being at the seller or his suppliers.

 

9. In case of contestation, the NANTERRE tribunals are the only competent authority. The french law is applicable.