CONTRACT CONDITIONS
ORDER PROCEDURE
All orders must be made on the website www.espace-ombrage.com.
MSC Concept Espace Ombrage is likely to process your personal data in accordance with the applicable regulations and the personal data protection policy of its customers and prospects accessible here.
You will receive a confirmation of order attesting to the acceptance of the order. The delivery time mentioned on the order confirmations and on the confirmation of production is an "ex works" time and remains indicative (except specific prior agreement).
The orders are put in production from the date of reception of the payment (in its totality).
We ask that for all orders of customized products you ensure the accuracy of the dimensions communicated to us, having taken care to leave a sufficient margin for the fixings (45 centimeters minimum in the extension of the diagonals of the sail). You must first make sure that the dimensions of the sail defined on the estimate are suitable for the environment of destination.
DELIVERY & RECEPTION OF GOODS
The transport costs applied are calculated according to a weight/volume tariff according to the country of destination: France, Europe, DOM TOM and outside EEC.
Customs clearance fees and taxes applicable to the country of destination will be charged by the carrier upon presentation of the packages.
Please contact us if you have not received the goods within 5 working days after the confirmed shipping date.
- Check for any apparent damage or shortages and note this on the transport document (CMR). Without this information on the transport document, no claim can be accepted. To do this: Check immediately upon receipt of the packages for any damage or shortages. Then, send a statement of the damage or shortages by registered mail to the carrier within 24 hours, enclosing a copy of the CMR, and send us a copy by e-mail to facilitate tracking.
Espace-Ombrage offers various transport solutions for receiving products ordered on the site.
The customer is considered to be the customer of the transport and not Espace-Ombrage. Consequently, we are not responsible for the transport and we cannot be held responsible for any failure to provide this service and the consequences thereof. Only the carrier is responsible for the proposed deadlines. The carriers perform their services between Monday and Friday, no delivery can be required to be made on a weekend or holiday.
Espace Ombrage collects participation fees for transporting the products ordered according to the commercial offers of the carriers, Espace Ombrage can not be held responsible for non-compliance with deadlines and the consequences induced.
The transport times displayed reflect the commercial offers of the respective carriers and not a commercial promise by Espace Ombrage. Any claims or disputes relating to delivery times or conditions must be made directly to the carrier.
WARRANTY CONDITIONS
The standard warranty is two years on all products (except de-stocking products). Some fabrics from our suppliers have a different warranty (see specificity by quality, warranty covered according to the conditions of our fabric suppliers and subject to their agreement to take charge).
The warranty is applicable during normal use of the products while having respected the recommendations of installation and use.
It is necessary to use appropriate fixings.
For all damages incurred due to improper use and not respecting the conditions of installation and normal use; the warranty does not apply.
Here are a few examples of criteria corresponding to a non-warranted use:
- Use in inclement weather of rain storm or strong wind (products are warranted to withstand a wind speed of 60 km/h).
- Damage to the fabric caused by exposure to a heat source (BBQ/Heating) or by rubbing the sail on an external element.
- By the use of inappropriate cleaning products.
- Damage due to improper attachment or installation.
- Fixing a sail to a tree.
- The use of a shade sail in a view-breaking position (if it does not respect the recommended tensioning distances)
(This list is not exhaustive).
The warranty consists of the replacement or repair of the defective part or refund for any defect found within 30 days of receipt of the product.
In case of a defect found 30 days after receipt, the residual value of the product is calculated at the date of declaration of the defect.
The warranty value is proportional to the remaining warranty period.
Transport and labour are for the account of the user.
The warranty can only be claimed on presentation of the original invoice showing the date of purchase.
For professional use the warranty is limited to one year.
GENERAL CONDITIONS OF SALE
1. Subject to any special conditions that may apply and that prevail over the present general conditions;
All our sales are made under the conditions mentioned below. These conditions prevail by right over the customer's conditions of purchase.
2. Delivery times are given as an indication only. Exceeding the agreed delivery time can in no case lead to the cancellation of the purchase contract, except in the case of intention or gross negligence on the part of the seller.
The delay or non-execution of the delivery cannot create a right to compensation for the buyer.
Any modification of the order will result in a revision of the initially proposed delivery time.
The size of the shade sail may be up to +/- 5% of the intended size, due to the elasticity of the fabric and the manufacturing processes. The sails are manufactured from fabrics with widths between 120 and 310 cm; depending on the size and shape of the sails, they may have seam allowances. The position of these seams is defined during manufacture and can randomly be in different positions even for sails of identical size and format.
3. The seller reserves the ownership of the goods until full payment is received. As long as the goods are not paid in full, the risks remain with the buyer, such as: loss, theft, fire, degradation, vandalism, water damage...
Advance payments may be kept to cover possible losses on resale.
In case of resale of the goods, even transformed, belonging to us, the purchaser transfers de facto and without delay the claims resulting from this sale.
4. The goods travel at the risk of the receiver. The transport costs are at the expense of the buyer, except in case of contractual modification.
In the case of a delivery DOM TOM and OUTSIDE EEC, the carrier in charge of the delivery will ask to pay the taxes in force in the country of destination as well as all the expenses inherent to the formalities of importation in the country of destination.
5. All claims inherent to the conditions of transport must be formulated in writing by the buyer on the transport documents on the day of delivery and noted by the deliveryman. Reservations clearly detailing the dispute: damage, missing .... (Non-exhaustive list) and within 48 hours after delivery by registered letter.
Defective goods can only be returned after written agreement from the seller. All returns will be charged to the buyer.
6. In accordance with the provisions of Article L.121-21 of the Consumer Code, you have a withdrawal period of 14 days from receipt of your products to exercise your right of withdrawal without having to justify your reasons or pay a penalty. The article L121-16-1 of the code of consumption extends the rules applicable to the relations between professional consumers, to the contract concluded out of establishment between two professionals since the object of these contracts does not enter the fields of the principal activity of the requested professional and that the number of employees by this one is lower or equal to five.
Excluded from the list of products eligible for the provisions of article L.121-21 of the French Consumer Code are all products made to measure on the basis of measurements communicated by the customer, as well as all products that have been installed or products purchased in the clearance section, which are considered to be second-hand items. In order to define the eligibility of products under the provisions of the Consumer Code and to specify the conditions of return, it is necessary to contact Espace-Ombrage, which will validate the eligibility of the products for return and will specify the conditions of return as well as the procedure to follow.
No returns can be accepted without these various steps allowing us to confirm the delivery address of the returned goods. All direct deliveries to the head office will be refused.
Returns must be made in their original condition and complete (packaging, accessories, instructions). In this context, your responsibility is engaged. Any damage suffered by the product on this occasion may be of a nature to defeat the right of withdrawal. The return costs are at your expense.
Once the package is received, Espace Ombrage will reimburse the sums paid within 14 days of notification of your request and via the same means of payment as that used for the order. Product returns are to be made within a maximum of 15 days after receipt of the return form that you will receive from Espace Ombrage after validation. Espace-Ombrage reserves the right not to reimburse the full amount of the returned merchandise if it is not intact and not packaged as originally.
In accordance with the provisions of article L.121-21-8 of the French Consumer Code, the right of withdrawal does not apply to: 1- Transport services. 2- To custom-made products which are thus personalized and made according to the customer's specifications.
7. Claims for hidden defects must be made in writing, accompanied by a precise description. The liability of the seller is always limited to the reimbursement of the value of the defective goods. The seller cannot be held liable for direct or indirect damage, such as loss of use, or damage caused to installation or use.
8. Any sum not paid on the due date shall automatically and without notice of default bear interest in accordance with the law against late payment in commercial transactions.
In case of non-payment of the full or partial amount of the invoice on the due date without any valid reason, and after an unsuccessful notice of default, the balance due will be increased by 10% with a minimum of 100,00 € and a maximum of 750,00 €.
In the event of late payment, collection fees will be charged at a rate of 40 euros.
The non-payment of a single invoice on its due date automatically renders the balance of all other invoices due and payable, even those not yet due.
In the event of non-performance by the buyer of his payment obligations, the current sales contracts may be cancelled by operation of law without formal notice and without recourse for damages by the seller.
9. In the event of force majeure, if the Seller is unable to perform the contract, he shall be entitled to cancel the contract by simply notifying the Buyer in writing of the cause preventing the Buyer from making a claim for damages.
The following are considered as force majeure: natural phenomena, strike, fire, flood, seizure, embargo, lack of means of transport or production, general shortage of raw materials or goods, restrictions on energy consumption, irrespective of whether the force majeure occurs at the seller's or his suppliers' premises
10. In case of dispute, the Courts of NANTERRE are the only competent ones. The French law is applicable.