GENERAL TERMS OF SALE

 

 

Section 1: Preamble and definition

These general terms of sales detailed below (hereafter referred to “General conditions”), rule contractual relationships between all purchaser (hereafter referred to “the customer” or “you”) and the BEAL Establishments (SAS) with assets amounting to 205 000 Euros, and which the headquarter is situated at 14 Avenue de Saint-Etienne et 17 Boulevard des Chauchères, 42 380 SAINT BONNET LE CHATEAU and registered at the trade and companies register of Saint Etienne  with the 493 736 433 SIREN number.

BEAL Establishments (SAS) are principally engaged in the end grain wood chopping block manufacture and sale.

The signature of the quotation and the order form implies acceptance of these general terms, the customer acknowledge to have the legal capacity allowing conclusion of a contract under articles 1123 and following of the Civil Code

Section 2: Object

The following conditions are intended for define the arrangements about sales and rights arising, for:

-The organization of the legal relationship between BEAL Establishments and the customer.

-The modality sales between BEAL Establishments and the customer (order, delivery…)

Section 3: Procedure and order’s modalities

During establishment of the order form by BEAL Establishments (SAS), the data given by the purchaser are the proof of the transaction.

The order form signature means the definitive registration of the order, knowledge that BEAL Establishments (SAS) can call off the order if the purchaser didn’t pay or didn’t complete the payment of a previous order, and if there is a litigation of payment.

Section 4: Price

The prices noticed on quotations are all taxes included, without delivery costs.

The delivery costs can change with the address of the customer and the weight of the order. The amount is clearly noticed and it will be added to the order amount.

BEAL Establishments (SAS) can change their prices but the products will be invoiced on the basis of rates of the quotation establishment.  

Section 5: Retention of title and risk

BEAL Establishments (SAS) retain the property of the goods made and sailed until the payment of the total amount, principal and accessories.

The failure to pay of one can drive to a claim of goods.

These arrangements shall not impede on the transfer to the customer, immediately after the delivery, of the risks of losses and deteriorations about the product as the damages that it could cause.

Section 6: Information on the products

BEAL Establishments (SAS) specifies with utmost rigor to the customer the essentials characteristics of the products falling within their making and know-how with product descriptions from that moment on the customer demands it.

Section 7: Delivery modalities

The goods bought by the customers close to BEAL Establishments (SAS), can be delivered by a carrier.

The deadlines mentioned on the order form are expressed in weeks.

The customer will be called by the carrier to according on the delivery day.

During this call, the customer shall report all the access difficulties or passage difficulties the delivery man could encounter.  Moreover, the customer must measure the access passages of his home to confirm to the delivery man the accessibility to the product ordered.

Moreover, for more security, if the delivery takes place above the 5th floor, the customer has to report it to BEAL Establishments (SAS). Indeed, this kind of delivery can necessitate more delivery men.

If the customer gives wrong information or took wrong measurements, the additional costs linked to the elevator renting, or stocking, or products returns or additional delivery men will be his dependents.

All the additional costs linked to the elevator renting, or stocking, or customer absence (in breach of the engagements token during the appointment) and risks of damages resultant of these disappointments will be at the dependent of the customer.

If we can’t deliver the product(s) because of access difficulties or passage difficulties which were not reported by the customer, new delivery costs will be invoiced by BEAL Establishments (SAS).

The products can be delivered out of France or Monaco.

If the customer wants to change the delivery date, (for serious grounds only) he shall report it to BEAL Establishments (SAS) by post with acknowledgement of receipt to:

SAS ETABLISSEMENTS BEAL
14 Avenue de Saint-Etienne et 17 Boulevard des Chauchères
42 380 SAINT BONNET LE CHATEAU

The customer agrees to be present on the delivery date with the delivery man to verify the order upon receipt.

By signing up the delivery form, the customer confirms that the product is in a perfect condition, which is what he ordered, and he confirms that the delivery complies the general terms of sales.

In case of complaint, about possible defaults or damages stains (break product, missing product, or damaged product…), the customer has to record observations on the delivery form and send them by post with acknowledgement of receipt in the next two days to:

SAS ETABLISSEMENTS BEAL
14 Avenue de Saint-Etienne et 17 Boulevard des Chauchères
42 380 SAINT BONNET LE CHATEAU

Except for cases of hidden defects, no complaint will be allowed, after reception of the product, if the customer didn’t respect this procedure.

In case of exceeding the delivery date for 30 days, and not due to an event of force majeure, the customer can denounce the contract by recommended letter with acknowledgement for receipt. The contract is considered as ruptured by reception of the letter. The customer is exercising this right during 60 days as from the delivery date. The amount of the order will be returned to the customer.

Section 8: Withdrawal deadlines

For any product customized or made to measured (etching customized block, special made, etc…) the customer is not allowed to withdrawal by virtue of the L.121-20-2, 3° section of the consumption code, and he is definitely linked with the order conditions.

For any standard product without customization or etching, a withdrawal period of 7 days is allowed to the customer as from the product reception, by virtue of the L.121-20 section of the consumption code.

Assuming a product returning, risks about transport are borne by the customer.

Any product return shall be recorded by recommended letter with acknowledgement of receipt to BEAL Establishments (SAS):

SAS ETABLISSEMENTS BEAL
14 Avenue de Saint-Etienne et 17 Boulevard des Chauchères
42 380 SAINT BONNET LE CHATEAU

The sending costs can be repaid by BEAL Establishments (SAS) with a demand.

BEAL Establishments (SAS) will call the customer to organize the product returning.

Considering the kind of product, the returning procedure shall be respected by the customer.

Otherwise, no returning will be allowed.

Only the unused product, complete with their accessories in their original packing will be accepted.

Any product or packing damaged by the customer will result a none or incomplete repayment.

The deadlines are as from the signing up of the delivery form.

This legal right of withdrawal is exercising without penalty.

The legal guarantee (Section 1641 of the Civil Code) is not applicable on the repairing of damages by an external reason (choc, or a customer’s action).

In case of repaying, the customer is repaid by check or transfer. The repaying modalities are at the discretion of the BEAL Establishments (SAS).

In any case, the returning still expense, to the load and risk of the customer.

Section 9: Natural wood defaults

All our chopping blocks are in end grain wood. The wood is a living and natural material so there is maybe different shades, or nodes or visible scars.

Section 10: Guarantee

Any chopping block is guaranteed during 6 months as from the buying date (complete buying of the product).

During this time, BEAL Establishments (SAS) should change a part or the entire product if there was a manufacturing default.

The customer is allowed to have a guarantee against all the consequences of defaults or hidden defects which could reveal the product, if they are recorded to BEAL Establishments (SAS), with photos.

On the other hand, the guarantee is useless if the product is improperly used by the customer (too much moist, too much exposition next to a heat source). The usage types are clearly explained during the order for the customer to keep his chopping board useful during a long time.

Section 11: litigation and responsibility

The customer has to verify completeness, accuracy of the information provided to BEAL Establishments (SAS) during the establishment of the order form and especially the address.

BEAL Establishments (SAS) can’t be held as responsible for customer’s mistakes and no respecting of the product. As appropriate, the costs linked with the returning will be borne by the customer.

Without limiting previous articles, the BEAL Establishments (SAS) responsibility can’t exceed the original payment of the customer, whatever the cause of the action.

Stoppages or natural disasters (floods, blaze…) are considered as events of force majeure.

The choice and buying of a product by a customer are under his own responsibility, thus the impossibility of using the product will not result a repaid.

Section 12: Dispute Resolution

These General terms of sailing will be applied in accordance with the French state.

The parts will seek, before any litigation, a possible amicable settlement. Any litigation of any kind or dispute relating to the formation or execution of the order, even in case of a warranty or multiple defendants, will default of agreement the exclusive jurisdiction of the courts in the jurisdiction of which is our headquarters.

Section 13: Severability of clauses

The fact that if any clause of the General terms of sailing becomes illegal, obsolete or inapplicable because of a law, a rule or following a final decision of a competent court, may not challenge the validity, legality and enforceability of the remaining provisions hereof General terms of sailing and does not relieve the customer from performing its contractual obligations.