TERMS AND CONDITIONS OF SALES – Consumers
These Terms and Conditions apply without reserve to all sales concluded by CARRON PRODUCTION hereafter known as (the seller) to non professional buyers hereafter known as (the customer) who wish to buy products advertised for sale on the Internet site www.carron.paris
It specifically notes the conditions for ordering, payment, delivery and the management and eventual return of goods ordered by the client.
The principal characteristics of the products, specifically illustrations and indicated dimensions and capacity of the products can be found on our internet site www.carron.paris
It is up to the customer to verify the details before placing their order.
The choice and purchase of a product is the sole responsibility of the customer
The Photographs and diagrams on the Internet site www.carron.paris are not contractual and are not the responsibility of the seller.
The customer must refer to the description of each product to understand its individual characteristics. The products are subject to stock availability at the time of order.
The contact details of the seller are as follows :
CARRON PRODUCTION 205 rue de la Theriaque 34090 Montpellier.
These Term and conditions replace other previous versions of terms and conditions and can be viewed on our internet site www.carron.paris and replace any other document.
The customer declares to have read the Terms and Conditions and accepted them by ticking the acceptance box on the on line order form.
The Terms and Conditions of Sale may be amended and the version applicable to the customers order , is that displayed on the date of the order.
Unless otherwise proven, the information registered on the seller’s data base is the one to be used to conclude the sale with the customer.
Validating the order by the customer is accepting without reserve the present Terms and Conditions of sale.
The customer accepts to have the capacity required to buy under contract the products offered for sale on the Internet site www.carron.paris
For all orders outside of France the customer is liable for all import duties on the products if applicable .
For all products exported outside the European Union and DOM TOM , the price is calculated excluding tax on the invoice.
Customs duty, other local taxes or import taxes maybe payable.
These are the sole responsibility of the Customer.
Modifications of the sales Terms and Conditions are opposed by users of the Internet site www.carron.paris and will not be applied to any previous transactions.
It is up to the customer to select the products they require from the Internet site www.carron.paris and proceed as follows:
The basket is the order form. The order can’t be registered on the Internet site before the customer has been identified.
The customer is responsible to fill in the necessary information for the invoice and delivery of the products, the seller can not be held responsible in case of an error.
The customer validates his contact information and chooses their method of payment . The order is therefore validated by the customer and it engages them in a committed contract.
The contract is written in the French language and it will be seen later when the order is validated by the customer.The products offered on the Internet site are subject to availability.
The sale is only finally confirmed when the seller sends an acceptance of the order by email and payment has been made in full.
It is the responsibility of the customer to verify the order is correct and notify immediately and errors.
All orders that go through the Internet site www.carron-paris form a binding contract between the customer and the seller.
The seller has the right to refuse or cancel an order with the customer if there has been a previous problem with payment.
The customer can obtain information on the progress of their order in the following ways:
* fill in the form on the contact page on the website
* By telephone 0033(0) 467 405 696
* By email to [email protected]
Products are sent using the prices advertised on the Internet site www.carron.paris after the order has been registered and confirmed by the seller. Prices and in Euros both with and without vat.
The seller has the right to change or modify the prices at any time.They do not include packing, exporting, or transport which will be billed separately and calculated at the time of passing the order.
The costs are determined by the total weight of the order. Delivery outside of France mainland may be subject to special conditions which the customer will be informed about, either directly on the Internet site when placing their order , or before sending out the parcel.
The payment required from the customer is an amount including these costs.
An invoice is raised by the seller and given to the customer on delivery of the goods.
4- Payment conditions
The total price is payable on the day of ordering by the customer by one of the following methods:
– credit card
– by paypal
– by cheque on a French bank , for all orders of 100euros or above. The order is only validated when the cheque has been cashed.
– by bank transfer, the order is only validated on reception of the bank transfer
– cash on delivery ( with applicable taxes) on reception of the goods.
Any advance payments are not classed as accounts or deposits.
All payments made on the web site are covered by secured payment system SSL.
In the case of payment by cheque it has to be drawn on a French bank based in France or Monaco. In case of Cash on Delivery the customer will be liable for all charges payable by using this method of payment ie. Any extra delivery charges.
For payments and delivery in the D.O.M. ( French Overseas Territories ) the customer will be liable for a supplementary airport tax of 11% ( calculated on the invoice price including VAT) on to which is added the delivery and administration charges.
The average delivery time for articles in stock is between 10 and 15 days.
Products ordered by the customer will be delivered within:
5 business working days for mainland France
8 business working days for the rest of Europe
Presuming the delivery address given by the customer is correct at the time of ordering.
Delivery is complete when the goods are in the customers possession or there has been a control of the product.
Unless an unusual case or products are out of stock we will endeavour to deliver goods in one delivery.
In the case of It being impossible to deliver the goods ( no one available to accept delivery, goods not picked-up after leaving contact note) you will be charged for any extra expenses incurred .
Any costs incurred in the return of goods will be deducted from the cost of the article.If the client wants a new delivery, the costs are payable by the client as previewed.
The seller undertakes to do his utmost to deliver the goods ordered by the customer on the agreed date.Updates will always be given to the seller.
In case of any particular requests by the customer concerning packaging, transport for the delivery, accepted in writing by the seller, the costs of which will be invoiced separately on acceptance of a written quote to the customer.
Therefore if the customer contacts a transporter of his choice direct, the sale is deemed made upon delivery of the Products ordered by the Seller to the carrier without reserve.
The client in this case has no recourse or guarantee against the seller I case of a problem with the transporter or the delivery.
It is the responsibility of the customer to check the condition of the goods delivered. He must inform of any problems by registered letter ( with signature) within 3 days of the delivery date ( example : package damaged , already opened….) accompanied by proof , photos etc.
After this date having respected all necessary formalities the products , with no reclamation made, will be considered accepted by the seller.
The seller will reimburse or replace in the shortest possible time , any faulty goods , conforming to article L211-4 of the General Sales Conditions (French) look at all guarantees.
6- Transfer of title.
The transfer of title from the seller to the client is only realised after full payment, normally the delivery date.
7- Retraction clause.
Conforming with French laws, the customer has 14 days counting the day of delivery to retract the contract with no justification needed and no penalty to pay , providing the goods are returned in their original packaging , in perfect condition within the 14 days following notification to the seller of this decision of retraction .
The returns must be made in the original condition they were sent (packaging, accessories , instructions etc) to be in a resale condition, accompanied by the original sales invoice.
Any products damaged , dirty or incomplete will not be accepted for return.
In case of exercising the right of retraction in the necessary specified time , only the cost of the products purchased and the delivery costs will be reimbursed ; the costs of returning transport is at the charge of the customer . Exchange goods (subject to availability) or refunds will be made within 14 days after reception of the goods by the seller, after the goods have been returned by the customer.
8 – Responsabilité du Vendeur – Garantie
Les Produits fournis par le Vendeur bénéficient de plein droit et sans paiement complémentaire, indépendamment du droit de rétractation, conformément aux dispositions légales,
8 Sellers responsibility – Guarantee
The products supplied by the seller benefit from legal rights without any extra payment to the guarantee.
– legal conformity guarantee , for defective products, damaged or don’t comply to the order in the conditions defined in articles L211-4 to L211-14 consumers code (French)
-legal guarantee against hidden defects proven to be a fault in the material , conception or manufacturing affecting use as defined in article 1641 of the civil code.
To excessive these rights the customer must inform the seller in writing of the non conformity of the product within a maximum of 2 years from the date of delivery or in the case of hidden defects a maximum of 2 years from the date of their discovery.
The seller will refund , replace or repair the product under guarantee if the are defective or don’t conform to their standard. The delivery costs will be reimbursed according to the price paid and the cost of returns will be reimbursed with proof of costs.
The refunds of products deemed defective or do not conform
Will be made no later than 60 days after the agreement by the seller that the products are defective, do not conform or have hidden defects .
Refunds are made by crediting the customers credit card or by cheque addressed to the customer.
The seller is not responsible in the following cases:
– if legislation in the country of delivery is not respected
– if the products have not been used correctly , used in a professional capacity, not looked after by the customer, not used for normal use, have been involved in an accident or natural disaster.
The guarantee of the seller , is in all cases limited to replacement or refund of products which do not conform or are defective.
9- data processing security
Applying the law 78-17 January 1978 certain data from the client is necessary when treating orders and and establishing invoices.
This data may need to be passed on to partners needed to execute orders and payment .
Treating this information to intermediaries on the Internet site
” indiquer Le site Internet” is subject to a CNIL declaration.
The Customer has, in accordance with national and European regulations , a permanent right of access, modification, rectification and opposition regarding all the information concerning him
This right may be exercised by email to [email protected]
10 – Intellectual Property
The contents of the website www.carron.paris is the property of the seller and it partners and is protected by French and International Law relative to Intellectual property.
Any reproduction , either total or partial of its contents is strictly forbidden and is liable to prosecution .
In addition, the seller remains owner of all the intellectual rights on photographs, presentations, studies, designs, models, prototypes etc (even if requested by the customer) seen or given to the Clients Services
The customer is forbidden to reproduce or exploit studies, designs models or prototypes without written agreement of the seller who may agree requiring a financial contribution
11 – Applicable rights – Language
The present sales conditions are written in the French language . In the case of translation into one or several foreign languages, only the French text will be used in case of litigation.
ALL DISPUTES TO DO WITH PURCHASING AND SALE OPERATIONS PERTAINING TO THESE TERMS AND CONDITIONS OF THE SALE REGARDING THEIR VALIDITY, INTERPRETATION, ENFORCEMENT, TERMINATION, CONSEQUENCES AND SUITABILITY, AND WHICH WOULD NOT BE SOLVED BETWEEN THE SELLER AND THE CUSTOMER WILL BE SUBMITTED TO THE TRIBUNAL OF COMMERCE OF MONTPELLIER
The Customer is allowed in any case to resort to a conventional mediation, in particular with the Commission of Consumer Mediation , with the existing mediation bodies or with any alternative mode of settlement ,(eg conciliation council ) in case of dispute.
13- Pre Contractual Information -Clients acceptance
For a person (or legal entity) to order on the website www.carron.paris means full acceptance of these General Conditions of Sale and obligation to the payment of the Products ordered, which is expressly recognized by the Customer, who waives, the right to use any contradictory document, which would be ineligible to the Seller.
ANNEX – PROVISIONS RELATING TO LEGAL GUARANTEES
Article L211-4 of the Consumer Code
The seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It also answerable to any lack of conformity resulting from the packaging, assembly instructions or installation when it was charged by the contract or was carried out under its responsibility.
Article L211-5 of The Consumer code To conform to The contract states that: – it must correspond to the description given by the seller and have the quality presented by the seller in the form of sample or model – have the quality a buyer can legitimately expect declared publicly by the seller or their representatives especially in publIcity or ticketing – Or show any specific characteristics agreed by the parties for a special use requested by the buyer, known and accepted by the seller
Article L211-12 of the Consumer code Any action resulting from a defect must be taken within 2 years of the goods being delivered
Article L211-16 The Consumer Code When the purchaser requests the seller, during the course of the commercial guarantee which he was granted at the acquisition or repair of a property, a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty which remains This short period counting from the day of the demand of the buyer or from the date the property is available for repair, if the latter is after the request for intervention.
Article 1641 Civil code The seller holds the guarantee if faults have been hidden in the product sold unless improper use of the product can be proven, or the article was sold for a lesser price knowingly.
Article 1648 Civil code, The action resulting from the prohibitive defects must be brought by the purchaser within a period of two years from the date of the discovery of the defect
Terms and Conditions- Professional
The Terms and Conditions herewith refer to rights on all products sold by CARRON Production. The sale is concluded on the date of acceptance of the order by the seller.As from this date the following terms and conditions are applicable by the buyer as stated in Article L441-6 of the consumer Code (France)
All Orders imply acceptance without reserve of these terms and Conditions herewith which prevail over all other Terms and Conditions, other than those which have been accepted in writing by the Seller
The information on the Internet site , in the catalogues, prospectus and price list of the Seller are given as an indication and can be revised at any given moment. The seller has the right to make any modification that he sees fit.
Conforming to the law, the Seller reserves the right to change certain clauses contained herewith , pertaining to negotiations made with the buyer, and special conditions for different companies.
2-1 It is up to the customer to select www.carron.parislesproduits if he wants to place an order following these instructions:
The basket is the delivery note.The order cannot be registered on the site unless the customer is clearly identified and received a password that allows them access to a professional price list.
The customer is responsible for putting in the necessary information for billing and delivery of the order ,the Seller cannot be held responsible for any mistakes. The customer validates his details and he choses his method of payment.The order is validated by the customer and constitutes an irrevocable contract on his part.
The contractual information is herewith in French and will ask that you understand it later when it asks to validate the order by the customer
The sale is only confirmed after acceptation , and an email with the order accepted by the seller, they will send a pro forma invoice and an account of 30% of the total of the order will be sent to the seller by the buyer. It is up to the customer to verify the order and to notify the seller of any errors.
All orders which pass by the Internet site www.carron.paris form a conclusive contract between the customer and the Seller.
The Seller reserves the right to cancel or refuse to take deliver the order if there has been a non payment of a previous order
2-2 In the case of any artisinal business any modifications asked for by the buyer can only be given consideration by the seller at her sole discretion,and if she is notified at least 30 days before the delivery date of the order, after a specific signature of the buyer agreeing any adjustment in price.
2-3 In the case of cancellation of the order by the buyer after being accepted by the Seller at least 60 days or less before the date of delivery , for reasons apart from a major disaster , the deposit paid with the order remains with the seller and no reimbursement will take place.
2-4 The products are delivered at the prices of the seller at the point of order and where applicable, any specific conditions addressed to the purchaser.These prices are fixed and cannot be revised during the period of validity as indicated by the seller.The prices are net without Value Added Tax applied
They do not include the transport charges, customs charges, or insurance which are at the cost of the buyer. Pricing conditions may be applied if specific demands are requested by the buyer concerning late delivery or late payment.
The customer can obtain information on the evolution of his order using the following contact details :
* Using the contact form on our web site
*by telephone 0033467405696
* by email [email protected]
3- Payment Conditions
A deposit of 30% of the total price must be paid at the placing of the order
The deposit must be paid at the passing of the order by the customer by one of the following methods: – by credit card – by PayPal – by cheque ( French or Monaco Bank) if the order is over 100 euros including VAT , the order will only be confirmed when the cheque has been cashed – by bank transfer, the order will be confirmed when the transfer has been received
Secure payment is passed by SSL de Netscape. Payment by cheque can only be accepted by a French or Monaco based bank based in France or Monaco.
The remainder of the money is payable on receipt of the Final Invoice and before the removal of any merchandise from our workshop after notification by the buyer.
The Seller cannot proceed with delivery of the goods ordered by the buyer if the payment conditions as indicated have not been met
Not meeting the payment conditions , penalties set by the director ( taux REFI) weekly by The European Central Bank either Jan 1st or July 1st depending on the date of the order, uplifted by 10 points, to be applied on the date following the date of the invoice unless any specific date is noted and is applied without warning.
Applying article D441-5 of the Commercial law in case of late payment , in respect of the creditor, in addition to penalties for the delay already provided for by the Act, a lump sum for recovery costs of EUR 40 euros may be applied.
No discount will be given by the seller for payment before the date appearing on the invoice or in a period of less than that mentioned in the present General Conditions of Sale
Only in the case of specific conditions noted at the time of sale, the delivery is made from the address of the Seller. As it is an artisinal business, the seller has all her merchandise in her workshop and this will be the base of the timescale determined from the date of receipt of order by the seller for the possible date of delivery.
This delay will have no strict time limit and the seller will not be responsible to the buyer in the case of the delay of delivery not exceeding 6 months
The time limit indicated is in addition to full rights ,out of the control of the seller and with a consequence of a delay to the delivery of merchandise
Assuming the delivery is within the time limit ,the seller may only intervene if the purchaser is up to date with all of his obligations in respect of the vendor. All risks to the order are borne by purchaser from the date of delivery.
The buyer is obliged, accordingly, to ensure, at his expense, the products ordered, for the benefit of the vendor, are insured until the complete transfer of ownership and to justify to the latter this at the time of delivery. If this justification is not available the seller would be entitled to delay delivery up to the presentation of this document.