Terms and condition
Terms and condition
Art 1. SCOPE
These general conditions of sale are applicable to all sales made by Lartigue Nathan by all available means of distribution, including the sale via the website of the SELLER Lartigue Nathan (https://lartiguenathan.cargo.site/admin/27890080) , whether the CUSTOMER is professional or private. They take precedence over any other general or specific conditions of a CLIENT, unless there is an express agreement duly confirmed and formalized in writing on my part. Any modification of one or more article(s) of these General Conditions of Sale does not affect the validity of the other points. Any order accepted by the CUSTOMER as well as any shipment of an order, implies the CUSTOMER's unreserved acceptance of all of these general conditions of sale. I reserve the right to modify these general conditions of sale and my prices at any time.
Art 2. ORDER TERMS & MODIFICATIONS
Any order from the CUSTOMER will be confirmed within a variable period, by any means proving (email priority); the period within which the SELLER undertakes to ship the product will be indicated in the confirmation. Any modification of the order by the CLIENT or the SELLER must be confirmed by common agreement(s). If the work has already been carried out (in whole or in part), the CLIENT undertakes to bear all the costs incurred (material and workmanship). Any modification of the order implies the postponement of the delivery time and the acceptance by the CLIENT of additional costs. I also reserve the right to suspend or even cancel the production of the goods in cases of force majeure and/or fortuitous events.
Art 3. PRICE, TERMS OF SALE & PAYMENT
The price list is subject to change as often as the economic situation requires. These prices are always expressed excluding taxes (excluding VAT and national taxes applicable in the territory of destination). Whatever the terms of the sale, the products travel at the CLIENT's risk as soon as they are handed over to the carrier. For any price request including transport (CPT or CIP agreed destination point) or any incidental costs (translation, various certifications, etc.) please consult me before ordering. The SELLER cannot in any way be responsible for the delay of the carrier at destination. Payment of the invoice cannot exceed a maximum of 30 days from the date of shipment or collection of the product. I may be required, depending on the case, to request a deposit on order or payment in advance.
Any late payment will be subject to late payment penalties. These penalties will be due automatically by the CLIENT and will be calculated on three times the legal bank interest rate in force on the day of the late payment, in accordance with the Law on the Modernization of the Economy (Sept. 2008). A collection fee of a minimum of €40 will be invoiced. In case of dispute (wording of invoice, etc.) the CUSTOMER must notify me within 8 days by any means proving (email, mail, etc.).
Art 4. RETENTION OF OWNERSHIP CLAUSE
The SELLER retains ownership of the property sold until full payment of the invoice (in principal and accessories). Failure to pay may result in a claim for the property. These provisions do not preclude the transfer to the CLIENT, as soon as they are made available (see Art 3), of the risks of loss(s) and deterioration of the products sold as well as the damage they could cause and/or suffer. It is up to the purchasing CUSTOMER to take all measures to ensure the perfect preservation of the products delivered to him.
Art 5. DELIVERY TIME OF PRODUCTS
The deadline is given as an indication; it could be postponed in the event of unavailability of materials, tools and in all cases related to force majeure. In the event that production cannot be started, the CLIENT will have the possibility of accepting the postponement of the deadline or of requesting the termination of the order, within 8 days notified by registered letter with acknowledgment of receipt. The delivery time of the products will only be confirmed after receipt of all the documents necessary for the execution of the order. Article 2 of these general conditions of sale concerning the aforementioned period, in the event of an order modification, applies de facto. In any case, no late payment penalty will be accepted by the SELLER.
Art 6. RECEIPT OF PRODUCTS AT DESTINATION
The recipient undertakes to receive the products under his responsibility in accordance with the rules. In the event of damage at destination (missing package, damaged, etc.), the CUSTOMER undertakes to check the integrity of the package (external appearance and content), and to note the problems in writing on the transport voucher. The CUSTOMER must within three days send a registered letter with acknowledgment of receipt to the carrier and notify me by any means. In the event of a breach of this rule (art appendix 9 Decree No. 99-269 of April 6, 1999), neither the carrier's liability nor recourse to insurance may be exercised in favor of the CUSTOMER under whose responsibility the products are traveling (see Art 3 of these T&Cs). I make available to the CUSTOMER a technical sheet "methods of reception" that the CUSTOMER undertakes to follow or to ensure compliance by any person responsible on his behalf for receiving the packages.
Art 7. LIABILITY & WARRANTY
All my products are checked before shipment. I make every effort to protect the product during shipment (packaging, marking). The obligations at destination (Art 6 of these GCS) apply de facto. The CUSTOMER also undertakes to verify the conformity of the products upon receipt and to formulate any complaint by registered letter with acknowledgment of receipt or email within seven days of receipt, in the event of non-conformity of the product. In the event of non-compliance of the product, my liability is limited solely to reimbursement of the price paid by the CLIENT to the SELLER; no additional penalty may be accepted by the SELLER. By “non-conformity” I mean a shipping error, a production defect rendering the product unusable or not meeting its function of use, as defined upstream by the CLIENT and the SELLER. The conformity of my products cannot be called into question for criteria relating to their manufacture in small series and their artisanal character. Variations in shapes, dimensions and colors are linked to the manufacturing process and cannot establish non-compliance of the products. The photographs illustrating the products on all communication media (printed and digital) do not enter into the contractual field. For any purchase of a piece integrating an electrical system (lamp type, installation, sculpture), the SELLER cannot be held responsible for an electrical malfunction or the breakage of the glass object linked to electrical misuse. The SELLER undertakes to use only electrical and lighting systems that comply with the standards in force in his country. The SELLER cannot be held responsible for any cause of breakage or degradation of the glass object held by the CUSTOMER who, by virtue of its receipt, validates its conformity with the contract.
Art 8. APPLICABLE LAW & JURISDICTION
Any dispute relating to the execution of these General Conditions of Sale, even in the event of recourse in guarantee or of multiple defendants, will be, in the absence of an amicable agreement, the exclusive jurisdiction of the competent Courts chosen by THE SELLER and will be exclusively French or Danish law.
Lartigue Nathan – Terms and condition – update : February 2024