General terms of sale and services
Article 1 - SCOPE, PLACING ORDERS
• The present general terms of sale (hereafter the “Terms”) are applicable to the offer of products (hereafter “Products”) and/or services, particularly home fitting services (hereafter “Services”) made by Lapeyre in stores.
• The Terms are also applicable to the offer of Standard Products (as defined in Article 3) via the website published by Lapeyre (hereafter the “Website”).
• Any specific terms depending on the nature of the Product and/or Service are in addition to the Terms.
• Any order placed by the Customer is firm and definitive and entails his or her acceptance of the Terms.
• Any order made by the Customer on the Website is considered as placed as soon as the Customer has validated it by checking the corresponding box on the Website, subject to his or her exercise of the right of retractation, as defined in Article 11. Validation is understood as one of the following: online confirmation of payment by charge, credit or debit card by the financial organisation; receipt by Lapeyre of the Customer’s cheque within seven days of the date of the Customer’s request; or receipt by Lapeyre of the loan approval by the financing organisation. The terms of the Customer order placed on the Website are reiterated in an e-mail sent to the electronic address provided by the Customer. Unless the Customer contests within eight days of receiving the e-mail, Lapeyre’s data records shall be considered authentic.
Article 2 - PRICE
• The sale prices of the Products are those that are applicable at the time of the order, in accordance with the current Lapeyre catalogue.
• Unless indicated otherwise, the price of the Services are total set prices.
• Prices are inclusive of all taxes, calculated at the value-added tax (“TVA”) rate in force. Prices do not include transport costs.
Article 3 - PAYMENT
• Standard Product is understood as any Product as described in a Lapeyre catalogue or on the Website. Made-to-Measure Product is understood as any Product that is with an option, is customised at the Customer’s request and/or is the subject of a Service.
• An order in a store gives rise, as soon as it is placed, to a down payment of 20% for Standard Products or 50% of the total of the order when it includes at least one Made-to-Measure Product. The balance of the price is payable on receipt of the Products (as specified in Article 8) or upon completion of the Services in the event of home fitting services.
• An order made on the Website with an in-store Product pick-up gives rise, as soon as it is placed, to a down payment by the Customer of an amount calculated as per the above conditions.
• An order made on the Website with home delivery gives rise, as soon as it is calculated, to full payment.
• The Customer may not, on the grounds of a claim made by him or her, withhold all or part of the sums owed to Lapeyre, nor effect any compensation.
• Payment for the Products is made cash without discount.
Article 4 - RESERVATION OF TITLE, TRANSFER OF RISKS
• The transfer of title to the Products is explicitly dependent on the payment in full of the principal and any ancillary amounts. Failure to pay within the set period may lead to an immediate claim for the Products. Furthermore, the contract may be terminated ipso jure by Lapeyre within eight days of a formal notice not complied with.
• The above provision does not prevent the transfer to the Customer of the risks of loss, theft or deterioration of the Products subject to reservation of title, or any damages that may occur once the Products have been provided.
Article 5 - GUARANTEES
• The Products and Services are guaranteed on presentation of the original invoice under, on one hand, legal provisions and, on the other hand, the sales guarantee described in the current Lapeyre Guarantee Booklet as on the date of sale. It is stipulated that after-sales service under guarantees is only carried out in mainland France, excluding Corsica (insofar as Lapeyre does not have any stores in Corse du Sud or Haute Corse).
Article 6 - LIABILITY
• For any purchase made by a trade Customer (in the sense given by the Law and Courts) that specialises in the technical areas in question, Lapeyre’s liability is strictly limited to the repair or replacement of the Product acknowledged as defective.
• The photographs, drawings and diagrams in a Lapeyre catalogue or on the Website do not come under the scope of the contract. Lapeyre shall not be held liable under any circumstances if any errors occur therein.
• Technical readings, measurements or any information provided to Lapeyre by the Customer when ordering Products and/or Services are binding on the Customer and absolve Lapeyre of any liability for any errors that may be committed.
• With respect to Product fitting Services, the sizing calculations made by Lapeyre are carried out using the technique that it judges most relevant to the Services to be provided and to the Products. Under no circumstances shall Lapeyre be liable with respect thereto in the event that the Product fitting services are not performed by Lapeyre.
• In the event that the intended work requires an authorisation, particularly building work authorisation, construction permit or joint owners’ approval, the Customer is solely responsible for obtaining it. Failure to obtain such authorisation shall not be grounds for the Customer to refuse the fulfilment of an order, nor entail Lapeyre’s liability during and after the performance of the fitting Services.
Article 7 - DATE OF PROVIDING AND WITHDRAWING PRODUCTS
• The date of providing the Products is set by common agreement with the Customer at the time of the order.
• If the Customer does not take receipt of the Products on the set date, he or she shall withdraw them within 30 days of that date. Failure to meet this obligation authorises Lapeyre to cancel the order in accordance with the terms of Article 14 below.
• Lapeyre shall ispo jure be freed from any obligation as regards delivery times in the following cases: information is not provided in a timely manner by the Customer; it was not possible to provide the Products or perform the Services on the planned date by the Customer’s doing; the Customer did not meet his/her own obligations; or in the event of force majeure, including fire.
Article 8 - RECEIPT OF PRODUCTS
• The Products, including those on which a Service was performed in the workshop, are considered as received by the Customer upon their pick-up from the store or their delivery, as the case may be. Any claim concerning the Products must be made prior to their modification or fitting.
Article 9 - DELIVERY OF PRODUCTS
• Delivery is made by a trucking firm chosen by the Customer at its risk, carriage forward (transport expenses to be paid to the carrier), ex-store.
• In the event of an order made on the Website with home delivery within the limits of the offer proposed on the Website, delivery is carried out by a trucking firm at Lapeyre’s risk.
• Unless mentioned otherwise in the order, Products are delivered to the front door of a house or the entrance to a multi-family building.
• The Customer must make sure of the possibilities and means for delivery of the Products to his or her home.
• Whatever the case, it is up to the recipient of the Products in the event of damaged or missing items to make all necessary observations and reservations on the delivery slip and confirm said reservations by registered letter, return receipt requested, to the carrier and to Lapeyre within three days of delivery of the Products.
Article 10 - RETURN OF PRODUCTS
• Only a Standard Product, with the exception of household appliances, may by returned by the Customer at his or her risk to the store indicated on the corresponding invoice, within 15 days of the date of invoice, in its original condition and packaging. A non-refundable credit will then be issued for the benefit of the Customer, for the amount of said Standard Product and valid for 1 year.
Article 11 - RIGHT OF RETRACTATION WITH RESPECT TO ORDERS PLACED ON THE WEBSITE
• The Customer may retract an order for Standard Products placed on the Website for up to seven (7) business days as from the date on which the ordered Products are made available. Within that period, the Customer may return all or part of the Products, in perfect original condition, together with any accessories, manuals and documentation, to the store indicated on the invoice. Any Product return shall be made at the Customer’s risk and expense. Subject to the above conditions being met, Lapeyre shall refund the Customer for all sums directly paid with respect to the returned Products, within a maximum of thirty (30) days of their return.
Article 12 - SERVICES BORNE BY THE CUSTOMER
• The assembly, finishing and customising of the Products are carried out by the Customer, unless stipulated otherwise in the order. Any Product fitting Service shall not include, unless explicitly agreed otherwise by the parties, finishing work (varnishing, painting, etc.) on the Products, plastering or bricklaying, or paint, wallpaper or decoration joins. Plumbing, water, gas or electricity joining and evacuation and extraction connections are local, i.e. less than 1 meter from the connection point in the room in which Products are fitted. No work shall be done on any networks that are not in perfect working order.
Article 13 - AMENDMENT
• Any amendment to the order and/or Terms must be the subject of written agreement by both parties. Any amendment shall automatically entail a postponement of the initially planned date of availability.
Article 14 - CANCELLATION, COMPENSATION AND LATE PENALTIES
• Failure by the Customer to meet any of his or her obligations whatsoever authorises Lapeyre to terminate the contract, take back the Products provided without prior notice, keep the sums already received as damages and charge compensation of at least 20% of the amount of the order. The same shall apply in the event of cancellation in whole or part of the order on the Customer’s unilateral decision, except with respect to the right of retractation provided for in Article 11.
• In the event of late payment, Lapeyre shall also apply late penalties set at one and a half times the monthly legal interest rate.
Article 15 - LAW AND JURISDICTION
• The parties agree that the order and the Terms that are an integral part thereof are governed by French law. WHEN THE CUSTOMER IS ACTING IN A TRADE CAPACITY, THE PARIS TRIBUNAL OF COMMERCE SHALL HAVE SOLE JURISDICTION.
Article 16 - PERSONAL INFORMATION
• The personal data supplied to Lapeyre by the Customer in a store or collected via use of the Website is intended for the correct processing of orders, management of commercial relations, improvement of the quality of the Products and Services offered and/or better responses to the Customer’s expectations. The Customer agrees to the use of such data by Lapeyre and/or third parties acting on behalf of Lapeyre. In accordance with the provisions of the French law on information technology and liberties of January 6th, 1978, the Customer has the right to consult, rectify and oppose the personal data concerning him or her. This right may be exercised by sending an e-mail to cnil@lapeyre.fr or by writing to Lapeyre, Service Client - CNIL, BP 149 - 93300 Aubervilliers - France.
• The present general terms of sale (hereafter the “Terms”) are applicable to the offer of products (hereafter “Products”) and/or services, particularly home fitting services (hereafter “Services”) made by Lapeyre in stores.
• The Terms are also applicable to the offer of Standard Products (as defined in Article 3) via the website published by Lapeyre (hereafter the “Website”).
• Any specific terms depending on the nature of the Product and/or Service are in addition to the Terms.
• Any order placed by the Customer is firm and definitive and entails his or her acceptance of the Terms.
• Any order made by the Customer on the Website is considered as placed as soon as the Customer has validated it by checking the corresponding box on the Website, subject to his or her exercise of the right of retractation, as defined in Article 11. Validation is understood as one of the following: online confirmation of payment by charge, credit or debit card by the financial organisation; receipt by Lapeyre of the Customer’s cheque within seven days of the date of the Customer’s request; or receipt by Lapeyre of the loan approval by the financing organisation. The terms of the Customer order placed on the Website are reiterated in an e-mail sent to the electronic address provided by the Customer. Unless the Customer contests within eight days of receiving the e-mail, Lapeyre’s data records shall be considered authentic.
Article 2 - PRICE
• The sale prices of the Products are those that are applicable at the time of the order, in accordance with the current Lapeyre catalogue.
• Unless indicated otherwise, the price of the Services are total set prices.
• Prices are inclusive of all taxes, calculated at the value-added tax (“TVA”) rate in force. Prices do not include transport costs.
Article 3 - PAYMENT
• Standard Product is understood as any Product as described in a Lapeyre catalogue or on the Website. Made-to-Measure Product is understood as any Product that is with an option, is customised at the Customer’s request and/or is the subject of a Service.
• An order in a store gives rise, as soon as it is placed, to a down payment of 20% for Standard Products or 50% of the total of the order when it includes at least one Made-to-Measure Product. The balance of the price is payable on receipt of the Products (as specified in Article 8) or upon completion of the Services in the event of home fitting services.
• An order made on the Website with an in-store Product pick-up gives rise, as soon as it is placed, to a down payment by the Customer of an amount calculated as per the above conditions.
• An order made on the Website with home delivery gives rise, as soon as it is calculated, to full payment.
• The Customer may not, on the grounds of a claim made by him or her, withhold all or part of the sums owed to Lapeyre, nor effect any compensation.
• Payment for the Products is made cash without discount.
Article 4 - RESERVATION OF TITLE, TRANSFER OF RISKS
• The transfer of title to the Products is explicitly dependent on the payment in full of the principal and any ancillary amounts. Failure to pay within the set period may lead to an immediate claim for the Products. Furthermore, the contract may be terminated ipso jure by Lapeyre within eight days of a formal notice not complied with.
• The above provision does not prevent the transfer to the Customer of the risks of loss, theft or deterioration of the Products subject to reservation of title, or any damages that may occur once the Products have been provided.
Article 5 - GUARANTEES
• The Products and Services are guaranteed on presentation of the original invoice under, on one hand, legal provisions and, on the other hand, the sales guarantee described in the current Lapeyre Guarantee Booklet as on the date of sale. It is stipulated that after-sales service under guarantees is only carried out in mainland France, excluding Corsica (insofar as Lapeyre does not have any stores in Corse du Sud or Haute Corse).
Article 6 - LIABILITY
• For any purchase made by a trade Customer (in the sense given by the Law and Courts) that specialises in the technical areas in question, Lapeyre’s liability is strictly limited to the repair or replacement of the Product acknowledged as defective.
• The photographs, drawings and diagrams in a Lapeyre catalogue or on the Website do not come under the scope of the contract. Lapeyre shall not be held liable under any circumstances if any errors occur therein.
• Technical readings, measurements or any information provided to Lapeyre by the Customer when ordering Products and/or Services are binding on the Customer and absolve Lapeyre of any liability for any errors that may be committed.
• With respect to Product fitting Services, the sizing calculations made by Lapeyre are carried out using the technique that it judges most relevant to the Services to be provided and to the Products. Under no circumstances shall Lapeyre be liable with respect thereto in the event that the Product fitting services are not performed by Lapeyre.
• In the event that the intended work requires an authorisation, particularly building work authorisation, construction permit or joint owners’ approval, the Customer is solely responsible for obtaining it. Failure to obtain such authorisation shall not be grounds for the Customer to refuse the fulfilment of an order, nor entail Lapeyre’s liability during and after the performance of the fitting Services.
Article 7 - DATE OF PROVIDING AND WITHDRAWING PRODUCTS
• The date of providing the Products is set by common agreement with the Customer at the time of the order.
• If the Customer does not take receipt of the Products on the set date, he or she shall withdraw them within 30 days of that date. Failure to meet this obligation authorises Lapeyre to cancel the order in accordance with the terms of Article 14 below.
• Lapeyre shall ispo jure be freed from any obligation as regards delivery times in the following cases: information is not provided in a timely manner by the Customer; it was not possible to provide the Products or perform the Services on the planned date by the Customer’s doing; the Customer did not meet his/her own obligations; or in the event of force majeure, including fire.
Article 8 - RECEIPT OF PRODUCTS
• The Products, including those on which a Service was performed in the workshop, are considered as received by the Customer upon their pick-up from the store or their delivery, as the case may be. Any claim concerning the Products must be made prior to their modification or fitting.
Article 9 - DELIVERY OF PRODUCTS
• Delivery is made by a trucking firm chosen by the Customer at its risk, carriage forward (transport expenses to be paid to the carrier), ex-store.
• In the event of an order made on the Website with home delivery within the limits of the offer proposed on the Website, delivery is carried out by a trucking firm at Lapeyre’s risk.
• Unless mentioned otherwise in the order, Products are delivered to the front door of a house or the entrance to a multi-family building.
• The Customer must make sure of the possibilities and means for delivery of the Products to his or her home.
• Whatever the case, it is up to the recipient of the Products in the event of damaged or missing items to make all necessary observations and reservations on the delivery slip and confirm said reservations by registered letter, return receipt requested, to the carrier and to Lapeyre within three days of delivery of the Products.
Article 10 - RETURN OF PRODUCTS
• Only a Standard Product, with the exception of household appliances, may by returned by the Customer at his or her risk to the store indicated on the corresponding invoice, within 15 days of the date of invoice, in its original condition and packaging. A non-refundable credit will then be issued for the benefit of the Customer, for the amount of said Standard Product and valid for 1 year.
Article 11 - RIGHT OF RETRACTATION WITH RESPECT TO ORDERS PLACED ON THE WEBSITE
• The Customer may retract an order for Standard Products placed on the Website for up to seven (7) business days as from the date on which the ordered Products are made available. Within that period, the Customer may return all or part of the Products, in perfect original condition, together with any accessories, manuals and documentation, to the store indicated on the invoice. Any Product return shall be made at the Customer’s risk and expense. Subject to the above conditions being met, Lapeyre shall refund the Customer for all sums directly paid with respect to the returned Products, within a maximum of thirty (30) days of their return.
Article 12 - SERVICES BORNE BY THE CUSTOMER
• The assembly, finishing and customising of the Products are carried out by the Customer, unless stipulated otherwise in the order. Any Product fitting Service shall not include, unless explicitly agreed otherwise by the parties, finishing work (varnishing, painting, etc.) on the Products, plastering or bricklaying, or paint, wallpaper or decoration joins. Plumbing, water, gas or electricity joining and evacuation and extraction connections are local, i.e. less than 1 meter from the connection point in the room in which Products are fitted. No work shall be done on any networks that are not in perfect working order.
Article 13 - AMENDMENT
• Any amendment to the order and/or Terms must be the subject of written agreement by both parties. Any amendment shall automatically entail a postponement of the initially planned date of availability.
Article 14 - CANCELLATION, COMPENSATION AND LATE PENALTIES
• Failure by the Customer to meet any of his or her obligations whatsoever authorises Lapeyre to terminate the contract, take back the Products provided without prior notice, keep the sums already received as damages and charge compensation of at least 20% of the amount of the order. The same shall apply in the event of cancellation in whole or part of the order on the Customer’s unilateral decision, except with respect to the right of retractation provided for in Article 11.
• In the event of late payment, Lapeyre shall also apply late penalties set at one and a half times the monthly legal interest rate.
Article 15 - LAW AND JURISDICTION
• The parties agree that the order and the Terms that are an integral part thereof are governed by French law. WHEN THE CUSTOMER IS ACTING IN A TRADE CAPACITY, THE PARIS TRIBUNAL OF COMMERCE SHALL HAVE SOLE JURISDICTION.
Article 16 - PERSONAL INFORMATION
• The personal data supplied to Lapeyre by the Customer in a store or collected via use of the Website is intended for the correct processing of orders, management of commercial relations, improvement of the quality of the Products and Services offered and/or better responses to the Customer’s expectations. The Customer agrees to the use of such data by Lapeyre and/or third parties acting on behalf of Lapeyre. In accordance with the provisions of the French law on information technology and liberties of January 6th, 1978, the Customer has the right to consult, rectify and oppose the personal data concerning him or her. This right may be exercised by sending an e-mail to cnil@lapeyre.fr or by writing to Lapeyre, Service Client - CNIL, BP 149 - 93300 Aubervilliers - France.
