SELLER IDENTIFICATION
ROBERT RIVETT Enterprise Individual
10 Tanouédou
22390 BOURBRIAC
Mermaid 520895798
Telephone number: 02 96 43 67 16
1. GENERAL
These general conditions of sale (CGV) govern all sales concluded by ROBERT RIVETT Entreprise Individuelle to its customers, including internationally. These general conditions will prevail over any other document issued by the customer. Any modification of these general conditions is immediately applicable to subsequent orders and on the date of this modification. ROBERT RIVETTEEntreprise Individuelle reserves the right to refuse to conclude a sale, to conclude it under conditions derogating from these or to cancel an order, in particular in the event of insolvency of the customer, previous payment incident, coverage of credit insurance totally or partially refused.
Sales concluded with consumer customers are subject to the same general conditions of sale to which are added the provisions referred to in articles 2, 5, 9 and 13 hereof. Furthermore, in the event of a contradiction between the provisions of this article and specific provisions of these General Terms and Conditions, the former prevail.
All our timber gates are made from northern red pine and are treated for class IV use.
All our timber posts are made from northern red pine timber and are treated for class IV use.
Our oak products of all descriptions are not treated.
Wood is a natural material that inherently possesses natural imperfections and will react to its surrounding environment and environmental conditions.
Our softwood products must be treated with a good-quality wood preservative, incorporating a UV filter before or immediately after installation. This treatment must be followed up annually. Evidence of annual treatment must be provided if issues about deterioration or disfiguring of the timber are brought to our attention before any consideration on our part.
2 - APPLICABLE LAW – SETTLEMENT OF DISPUTES
All sales, including exports, are subject exclusively to French law. Any dispute relating to the formation or execution of sales falls under the exclusive jurisdiction of the Courts, even in the event of summary proceedings, incidental requests, multiple defendants or warranty claims and whatever the payment terms. The client must reimburse all costs incurred by ROBERT RIVETT Entreprise Individuelle, caused by the legal recovery or not of the sums due, including the fees of court officers and other court officers.
This jurisdiction clause is not applicable if the customer is a consumer.
3 – OFFER/CONCLUSION OF THE SALE
ROBERT RIVETT Entreprise offers Individuals have a validity period provided for by the terms of the web page or prospectus or catalog concerning them. The photographs, texts, graphics and other elements illustrating the Products offered by the Company on the Site are given for information purposes only and are subject to modification without notice.
Orders are validly issued verbally or in writing (web, fax, mail, etc.). The sale is concluded by the customer's order and irrevocably binds the latter. In most cases, the customer is contacted by email to clarify the terms of the sale.
Certain promotional offers may impose minimum product orders. No order will be accepted under these conditions.
4 – DELIVERY – DELIVERY
The ROBERT RIVETT Individual Company is deemed to have fulfilled its delivery obligation upon delivery of the Products to the delivery location agreed with the Customer. The delivery time is always given as an indication and is in principle 21 to 30 working days from the day of the order, unless the product ordered is unavailable. The maximum delivery time is 30 days from the day of the order.
The customer undertakes to be ready to receive the products on the agreed day, time and place. The customer authorizes ROBERT RIVETT Entreprise Individuelle, without penalty of any kind, to make partial deliveries.
Any refusal by the Customer to accept all or part of the Order must be duly justified. Failing this, the Company will be entitled to deduct the amount of the Order or, where applicable, the balance of the Order remaining to be paid within forty-eight (48) hours following said refusal.
On-time delivery can only occur if the customer is up to date with his obligations towards our company, whatever the cause.
5 – COMPLIANCE – RECEIPT
The conformity of the Products (condition, absence of defect, quantity, etc.), as well as their destination and conditions of use, must be verified by the customer upon receipt. In the event of removal of the products by the customer, any reservations or disputes relating to the conformity of the products must be noted on the collection slip.
In the event of organization by ROBERT RIVETT Individual Company of the transport of the products, any reservation or dispute relating to the conformity of the products must be noted by the customer on the delivery note and confirmed to the carrier under the conditions of article L. 133-3 of the Commercial Code, as well as to the Individual Company ROBERT RIVETT by registered letter with acknowledgment of receipt sent within 3 days (excluding public holidays) from the date of delivery of the products.
In the absence of compliance with these conditions, the products will be deemed to be irrefutably compliant and ROBERT RIVETT Entreprise The liability of Individuelle cannot be called into question in this regard, the customer being held responsible for any damage suffered by ROBERT RIVETT Entreprise Individuelle for non-compliance. of this procedure.
In any case, the customer is prohibited from destroying non-compliant or defective products and must allow ROBERT RIVETT Entreprise Individual to note non-conformities or hidden defects and to take back the products.
Products subject to reservations may only be returned to ROBERT RIVETT Entreprise Individuelle according to the latter's return procedure, after prior agreement. The ROBERT RIVETT Individual Company will specify the terms of this return which will be carried out under the responsibility of the customer and at his expense, at the latest in the month of delivery. Failure to comply with these rules will result in the refusal of returned products.
Finally, it is indicated that no product will be returned, exchanged, or refunded in the event of a change in French or supranational legislation making said product unsuitable for sale.
6 - PRICE - PAYMENT
The sales price of the products is that in effect on the day of the order. It is tax-free for professionals, free OR departure according to agreement between the parties.
The sales invoice is established when the products are ordered. The price is payable in full before delivery of the products, by delivery of the payment document (check, bank card, etc.)
Upon installation by ROBERT RIVETT EI of our products a 50% deposit is normally required, any remaining balance is payable immediately upon completion of installation by visual means by ROBERT RIVETT EI
In the event of non-payment on the agreed date and after formal notice by registered letter with acknowledgment of receipt which remains without effect for 8 days, late payment penalties will be applied at a rate equal to 3 times the legal interest rate. The customer will also be liable to ROBERT RIVETT Entreprise Individuelle for a lump sum of €40 for the costs incurred by the latter for processing the unpaid amount and recovery costs. Finally, ROBERT RIVETT Entreprise Particulier may suspend and/or cancel current orders.
Any deduction is considered a payment incident. Likewise, no compensation can take place between reciprocal claims unless it has been previously accepted in writing by ROBERT RIVETT Entreprise. Individual. Under no circumstances will a dispute allow the customer to suspend payment. SEPA direct debit: in the event of implementation between ROBERT RIVETT Entreprise Individual and customer of the SEPA direct debit payment method, the customer agrees to be debited for the amount due to ROBERT RIVETT Entreprise Individuelle subject to an information period of between 3 and 14 calendar days.
In the event of termination of the mandate at the initiative of the client, ROBERT RIVETT Entreprise Individuelle may require from the latter all payment guarantees that it deems necessary, such as in particular payment of the price (deposit) when ordering or before delivery. products, etc. This list is not exhaustive.
7 - RESERVATION OF OWNERSHIP – TRANSFER OF RISKS
THE GOODS SOLD REMAIN THE PROPERTY OF ROBERT RIVETT EI UNTIL FULL PAYMENT OF THEIR PRICE IN PRINCIPAL AND ACCESSORIES. THIS RESERVATION OF OWNERSHIP CLAUSE IS ENFORCEABLE TO THE CUSTOMER AND TO ALL ITS CREDITORS
Notwithstanding the above, the risks linked to the products (loss, deterioration that they could suffer or damage that they could cause) are transferred to the customer as soon as the latter or his substitute has taken possession of them. The latter is responsible for the good storage conditions of the products. In the event of non-payment and notwithstanding the application of article 6, ROBERT RIVETT Entreprise Individuelle may demand the return of products still in stock with the customer. Products in stock with the customer will be deemed to relate to unpaid invoices. These products must be returned upon first written request, at the customer's expense and risk.
8 – GUARANTEES AND RESPONSIBILITIES
To be taken into consideration, any complaint of any nature whatsoever must be addressed to ROBERT RIVETT Entreprise Individuelle by any satisfactory means until acknowledgment of receipt within three days from receipt of the goods in the event of no -compliance and within the same period from the discovery of the hidden defect in the event of defective goods.
ROBERT RIVETT EI is limited to direct damage resulting from a proven defect in the Product or violation of the General Terms and Conditions, even if the defect in question was foreseeable at the time of the order.
Under no circumstances will ROBERT RIVETT EI be held liable for indirect, incidental or special damages, including costs of obtaining substitute products, lost profits, loss of data or periods of downtime, whether its liability is contractual or tortious. and whether or not it is based on the use or operation of the Products.
ROBERT RIVETT EI cannot be held responsible for non-performance of the T&Cs in the event of force majeure as defined in article 10 of the T&Cs, and in the event of damage caused by a third party or attributable to misuse or non-compliance. use. conformity, by the Customer, of the Products, in violation of the Company's prescriptions and/or the rules of the art.
Except for bodily injury or death, and except gross negligence or intentional misconduct resulting in proven direct damage, the Customer acknowledges that the repair of the Products and, where applicable, their replacement, in accordance with these General Terms and Conditions, represents the only and fair option. compensation for any damage caused by a malfunction of said Products attributable to ROBERT RIVETT EI. In the event that the Products cannot be replaced or repaired, the liability of ROBERT RIVETT EI will be limited to the amount paid by the Customer to ROBERT RIVETT EI for the Products concerned.
In any event, apparent defects are excluded from any warranty, namely visible defects in appearance not declared by the customer upon delivery or collection of the products, defects or deterioration of the products caused by the normal wear and tear, negligence, use other than that intended for which the products were designed, misuse or non-compliance with technical data sheets and/or use and maintenance advice, products modified by the customer or a third party.
Only for customers who are consumers, they benefit from the guarantee of conformity of articles L.217-4 et seq. of the Consumer Code. The customer having the status of consumer benefits from a period of 2 years from the delivery of the good to take action. He is exempt from providing proof of the existence of the lack of conformity of the goods during this period. In this context, in accordance with article L.217-9 of the Consumer Code, in the event of lack of conformity of the Product, the customer can choose between repair and replacement of the Product. However, if the customer's choice results in a clearly disproportionate cost compared to the other method, taking into account the value of the product or the importance of the defect, ROBERT RIVETT EI may refuse the customer's choice and decide to proceed according to the method. not chosen by him. In accordance with article L.217-13 of the Consumer Code, the consumer also benefits from the guarantee against hidden defects of articles 1641 et seq. of the Civil Code and in particular article 1648. Under no circumstances, any guarantee or no liability is due. by ROBERT RIVETT EI for defects or deterioration of the products caused by normal wear and tear, negligence, use other than that for which the products were designed, misuse or non-compliance with the technical data sheets and/or instructions. advice for use and maintenance. , products modified by the customer acting as a consumer or by third parties. Furthermore, ROBERT RIVETT Entreprise Individuelle cannot be held responsible in the event that the products are stored by the customer in abnormal conditions.
The consumer has the possibility of resorting to a consumer mediator under the conditions provided for in Title I of Book VI.
9 - FORCE MAJEURE
A case of force majeure allows ROBERT RIVETT Entreprise Individuelle to suspend the execution of its obligations and, if necessary, to terminate the contract. In the event of force majeure and without formality of any kind, the liability of ROBERT RIVETT Entreprise Individuelle will be released.
Are considered as force majeure with regard to the obligations of ROBERT RIVETT Entreprise Individually, events beyond its control and/or which it cannot reasonably be required to foresee, to the extent that their occurrence makes it more difficult or more onerous to execution of its obligations.
10 - MISCELLANEOUS PROVISIONS
If any of the general conditions should be declared unenforceable or invalidated for any reason whatsoever, such invalidity or inapplicability will not affect the application or validity of the other provisions of these general conditions.
The fact that ROBERT RIVETT Entreprise Individuelle does not avail itself at a given moment of any of the provisions of these general conditions of sale cannot be interpreted as a waiver on its part to subsequently avail itself of said provisions.
Unless the client decides otherwise by registered letter with acknowledgment of receipt, the latter expressly authorizes ROBERT RIVETT Entreprise Individuelle to mention its status as a client of ROBERT RIVETT Entreprise Individuelle, in particular on its commercial or promotional documents, without compensation or any other form of compensation.
11 - COLLECTION AND USE OF YOUR PERSONAL DATA
In accordance with the “Informatique et Libertés” law n° 78-17 of January 6, 1978 amended by law 2004-801 of August 6, 2004 and European Regulation n° 2016/679/EU of April 27, 2016 (entering into force on 25 May 2018), you have a right of access, rectification, portability and erasure of your data or limitation of processing. You can also, for legitimate reasons, object to the processing of data concerning you. Personal data relating to customers may be subject to automated processing, details of which are indicated in our privacy policy. This information is intended only for ROBERT RIVETT Individual Company.
You can, subject to the production of valid proof of identity, exercise your rights by contacting ROBERT RIVETT Entreprise Individual customer service by mail, 10 Tanouedou 22390 BOURBRIAC or by email at the following address: robrivett@gmail.com
If you no longer wish to receive our news and requests (by telephone, SMS, mail or electronically), you have the option of telling us by contacting us under the conditions mentioned above.
12 - RIGHT OF WITHDRAWAL (only when the customer is a consumer and has purchased the products via distance selling)
The withdrawal period granted to the customer when purchasing the products, within the framework of the law, is fourteen (14) clear days, from the date of receipt of the products. During this period, the customer may return, at his own expense, without further penalties, the Product(s) which do not suit him. The customer will be reimbursed for the sums paid in return for the reshipment of the product(s) ordered. For any request, the following formality must be respected: For the attention of [the person inserts here their name or company, geographical address and e-mail address]:
I/we (*) hereby inform you of my/our (*) withdrawal from the contract relating to the sale of goods (*)/for the provision of services (*) below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if this form is notified on paper):
Date :
It is understood that the product(s) returned at the customer's expense must be intact, unused, without alteration or modification ar any additions..
The risks associated with returning the product lie with the customer. If the product is lost by the carrier during delivery, the customer is solely responsible and cannot be reimbursed by ROBERT RIVETT Entreprise Individuelle.
In the event of exercising the right of withdrawal, ROBERT RIVETT Entreprise Individuelle is required to reimburse the sums paid by the customer, free of charge, with the exception of return costs. The refund will be made within a maximum of 14 working days from receipt of the products.
12b - CONTACT DETAILS OF THE MEDIATOR (only when the customer is a consumer and has purchased the products through distance selling)
In accordance with articles L.616-1 and R.616-1, the customer who is a consumer may resort to a mediator when a dispute cannot be resolved within the framework of a prior complaint directly lodged with our services.
When concluding a written contract, the consumer has the possibility of resorting, in the event of a dispute, to a consumer mediation procedure.
Crafting quality gates in Bourbriac 22390 since 2010, delivering across Brittany.
Free delivery on hardware orders of 145.00€ or over