TERMS AND CONDITIONS
Preamble - Definitions
Seller: RIVIERAL SAS 23 bis Ariane Boulevard, 06300 Nice, RCS 802 961 367, hereinafter referred RIVIERAL or seller, is a French company.
Customer: It is necessarily a professional. RIVIERAL not intended for sale to individuals.
Goods: Hereinafter referred to as 'goods' or 'product'. They consist of aluminum profiles, non-food and not subject to the regulations on the aviation industry, and connecting parts between profiles.
Customs formalities: The goods are delivered to the client released from the seller to the French customs.
Article 1 - Price
1.1 - The prices of our products are in euros excluding taxes applicable on the date of the order; any rate change will be reflected in the price of products.
1.2 - All orders whatever their origin are payable in euros.
1.3 - RIVIERAL reserves the right to change prices at any time but the products will be billed based on rates in effect at the time of order entry subject to availability on that date.
1.4 - Title retention clause: products remain the property of RIVIERAL until full payment is received by RIVIERAL.
1.5 - The price on each item does not include order processing, transportation or delivery, unless otherwise specified information in the catalog.
Article 2 - Validation
The customer declares to have read and accepted these Terms and Conditions before placing an order. The signing of the estimate is therefore express acceptance of these General Terms and Conditions which therefore prevail over any terms of consumer purchase.
Article 3 - Availability
Our product offerings and prices are valid as long as they are in the last catalog within the available quotity in the stocks. For products not stocked in our warehouses, our offers are valid subject to availability from our suppliers. In this framework, information on availability of products are provided at the time of placing the order. This information directly from our suppliers can not prevent the existence of errors or changes. In the event that a product is unavailable after ordering, we will notify the customer by email or by mail as soon as possible.
Article 4 - Termination
In all circumstances the cancellation of an order within 10 days of delivery will result in the refund of the price decreased by 30%. This reduction corresponds to the unrecoverable costs incurred in processing, the start of production of the order and the reservation of the supply chain.
Article 5 - Delivery
The RIVIERAL products are delivered only in metropolitan France. Corsica, Guadeloupe and the Antilles will be studied because of any over-pricing of carriers related to the specificity of these destinations. The goods are delivered released. They travel at the risk of the recipient. It is up to the recipient to make the necessary reservations with the carrier before receiving the goods. The reservations will be made by endorsement on the bill of lading and a duplicate will be kept by the customer, which will confirm the reservations within 48 hours by registered letter to the carrier who performed the transportation. The times indicated are usual average times and correspond to processing time and delivery. The products are delivered on the ground floor to the shipping address provided by the customer during the order. RIVIERAL however, reserves the right to split deliveries. RIVIERAL can not be held responsible for consequences due to delayed delivery and in this case the customer will be notified by mail.
5.2 - Delivery problems
The customer must notify the carrier as well RIVIERAL, all reserves on the delivered product (eg damaged package, already open ...) within 48 hours of receiving the product. Then, according to the cases defined in Article 5.3 below, the customer will benefit from the terms of exchange and refund provided for this article.
If no reservation is made within 48 hours RIVIERAL will not be able to consider the possible disappearance, or to make compensation.
5.3 - product compliance
The customer may request a refund or exchange products not corresponding to the order. In this case he shall state in detail by registered mail. RIVIERAL will, at the customer, exchange or refund () product (s). The request must be made within 7 days of delivery. Any claims made after this deadline will not be accepted. No merchandise may be returned without prior consent RIVIERAL and instructions for the return. Products must be returned in the condition in which the customer received them with original packaging.
In any event, the customer benefits from the provisions of the legal guarantee in particular those relating to the guarantee against hidden defects (see Article 8 and following)
Article 6 - Payment
Customers being professional, special terms of payment period may be used, provided a specific written agreement signed by the management of RIVIERAL. If payment of only one of deadlines, all sums due from the buyer become immediately due and full right. By express agreement, the malfunction or repairs that require the goods supplied do not in any way constitute a reason for non-payment or delay in payment of amounts due from the buyer. Constitute payment: not the delivery of a bill of exchange or check resulting obligation to pay, but the actual receipt by RIVIERAL of the sum due to him, on the agreed date. In case of delay or default, RIVIERAL may suspend all orders. In addition, pursuant to Article 441-6 of the Commercial Code, any amount not paid by the due date will result as of right and without prior notice, payment of default interest at the rate of legal interest in the day of invoicing plus four points, the current interests of the due date until full payment agreed to RIVIERAL (in principal, interest and fees). In case the purchaser at any time before or after the receipt of any non-fully-paid goods would cease payments, it would be the subject of an application recovery, including judicial ruling settlement ; the sale will be immediately canceled automatically upon the occurrence of any of these incidents, unless RIVIERAL notifies the buyer's decision to the contrary (maintenance of the sale).
Article 7 - Force majeure
RIVIERAL import any products sold from various countries. RIVIERAL can not be held responsible for delays and / or failure to deliver, or deemed to have breached these for any delay or failure, when the cause of the delay or failure was due to a force majeure such that it is defined by the jurisprudence of French courts and tribunals. As such, the customer is aware that goods sold are imported and that events within the force majeure may affect delivery, including the country of origin.
Article 8 - Guarantees
All products supplied by the seller are guaranteed against corrosion for a period of 10 years. This takes effect from the date of receipt of the goods. Our carry-in warranty includes replacement of the defective part (by mail if the customer does not want to move) and labor in our premises. Technical changes, chemical or mechanical alterations by the client, are not supported by your warranty. RIVIERAL can not guarantee the implementation of the product in the end customers of its business customers, they are responsible for the use they make of the products and their implementation in accordance with all existing regulations.
Article 9 - warranty against hidden defects
The SELLER shall guarantee against hidden defects PRODUCT sold which make it unsuitable for the intended use, or decrease this use at such a point that the CUSTOMER would not have purchased or would have paid a lower price if he had known.
This guarantee allows the CUSTOMER who can prove the existence of a latent defect to choose between reimbursement of the PRODUCT price if returned, and refund of part of the price, if the PRODUCT is not returned.
In the event that a replacement or repair is impossible, the SELLER shall refund the price of the PRODUCT within thirty (30) days from receipt of PRODUCT returned and in exchange for returning the PRODUCT by the CLIENT.
The action resulting from latent defects must be brought by the Customer within two (2) years from the discovery of the defect. All claims, requests for exchange or refund must be made by post to the following address: RIVIERAL SAS, 23bis Ariane Boulevard, 06300 NICE within seven days.
Article 10. Validity of Terms
Any change in the law or applicable regulations or a decision of a competent court invalidating one or more provisions of these Terms shall not affect the validity of these Terms and Conditions. Such a change or decision does not in any way allows CUSTOMERS to ignore these Terms and Conditions.
Article 11 - Law - Litigation
This contract is subject to French law. The language of this contract is the French language. In case of dispute with professionals and / or traders, the Nice Commercial Court expressly declared competent.
However, before any recourse to arbitration or state judge, trading, in a spirit of loyalty and good faith will be favored to reach an amicable agreement upon the occurrence of any dispute relating to this contract, including on its validity.
The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgment of receipt indicating the elements of the conflict. If at the end of a period of fifteen (15) days, the parties were unable to agree, the dispute shall be submitted to the competent court designated above.
Throughout the negotiation process until its completion, the parties undertake not to exercise any legal action against the other party and for the purpose of conflict negotiation. As an exception, the parties are allowed to enter the jurisdiction of the Court or to seek the imposition of a restraining order. Possible action before the court hearing the application or implementation of a procedure query results to the parties any waiver of the amicable settlement clause, unless otherwise expressly desire.