General terms and conditions of sale
Article 1 – Scope of the general terms and conditions of sale.
These general terms and conditions of sale apply ipso jure to any provision of services as described in article 7 (hereinafter referred to as “services”) by the company LOFTS ET ATELIERS, S.A.R.L. registered in the Lyon Trade and Companies Register under number 822 479 010, whose registered office is located at 1145 Montée des Chavannes – 69250 POLEYMIEUX AU MONT D’OR (hereinafter referred to as “LOFTS & ATELIERS”) with the person placing the order (hereinafter referred to as the “Customer”), who accepts them and acknowledges that he/she is fully aware of them and therefore waives the right to rely on any contradictory document and in particular his/her own general terms and conditions of purchase.
The relationship between the Customer and LOFTS & ATELIERS will always be governed by the latest conditions in force on the day of the order.
No document other than these terms and conditions may create obligations for the parties or derogate from these terms and conditions unless it is the subject of a written document signed by the parties or is mentioned in the quotation accepted in accordance with article 2.
Article 2 – Offers and Quotations.
The commercial proposal drawn up by LOFTS & ATELIERS is an offer to contract (hereinafter referred to as the “Quotation”).
The Quotation is valid for two (2) calendar months from the date it is drawn up.
Quotations issued directly to the customer may be subject to the necessary modifications following our visit to take measurements and/or validation by our design office. Any additional processing required for the project to go into production will be subject to an additional quotation.
LOFTS & ATELIERS is not bound by the characteristics and information given in catalogues, printed advertising material, quotations and plans. The suppliers of LOFTS & ATELIERS and LOFTS & ATELIERS reserve the right to make any necessary changes to prices, finishing and materials in line with market developments.
Article 3 – Ribs and rib inspection
The measurement visit will take place before the final order is placed. This can only be done once the plasterwork has been completed.
The seller cannot be held responsible for any subsequent problems caused by any changes made on site after the measurements have been taken.
In the event that LOFTS & ATELIERS does not carry out the installation, the measurements given by the customer are deemed to be accurate and will not incur the liability of the seller. On return of the signed plans, the dimensions are considered definitive and cannot be modified.
Article 4 – Orders
All orders must be placed by e-mail or post and duly completed by an authorised person.
To validate the initial quotation, please return it with the words “Good for agreement, on…”, your signature, your deposit and these General Terms and Conditions of Sale.
Once agreed, the customer may not refuse to fulfil his obligation to purchase.
Should the customer fail to do so, LOFTS & ATLIERS will be entitled to either enforce performance of the contract after formal notice has been given, or to legally rescind the sale and claim all damages and interest, or to retain the sums paid as a penalty clause.
Article 5 – Dimensions and measurements
In the event that LOFTS & ATELIERS does not carry out the installation, the dimensions given by the customer are deemed to be exact and will not incur the liability of the seller. On return of the signed plans, the dimensions are considered definitive and may not be modified.
The seller cannot be held responsible for any changes made on site after the measurements have been taken, in the event of any subsequent problems caused by these changes.
If we are responsible for taking measurements, this can only be done once the plasterwork has been completed.
Article 6 – Plans
The plans are drawn up once the quotation has been signed and any deposit has been paid.
LOFTS & ATELIERS reserves the right to interpret and adapt the quotation according to the technical constraints of the site, without prior notice to the customer.
In the event of any discrepancy between the quotation and the plans, the latter shall prevail as the sole technical reference.
The network plans (electricity and plumbing) will be given to the customer for information only.
No changes will be accepted once the validated plans have been returned.
Article 7 – Services
The Services offered by LOFTS & ATELIERS consist of the design and execution of interior design work, the sale and installation of interior and exterior furniture, and the supply and installation of household appliances, sanitaryware and all equipment relating to these activities.
The Contractual Services are those described in the Quotation.
Article 8 – Acceptance of Services
The Services are deemed to have been carried out when the work to which the Services relate has been completed in accordance with the Quotations.
LOFTS & ATELIERS will inform the Customer by any means of the acceptance and successful completion of the Services.
The Parties agree on a date for the acceptance visit. The date set for this visit may not be more than 5 working days from the date of receipt of the request from LOFTS & ATELIERS.
Acceptance is recorded in a written document signed and dated by the Parties, in which the Customer may express reservations.
In the event of reservations expressed by the Customer, LOFTS & ATELIERS has a period of twenty (20) working days from receipt of this report in which to contest these reservations. Minor and/or aesthetic reservations that do not prevent the operation of the work may not lead to a refusal to accept it, and only a failure to complete the work may justify a refusal to accept it.
LOFTS & ATELIERS has a period of sixty (60) working days from receipt of the acceptance report to carry out the work to remove any reservations that have not been contested. This period may vary depending on suppliers’ production times.
Once the work to remove the reservations has been completed, the Customer will sign the report on the removal of the reservations.
Article 9 – Discharges
The seller may require the signature of a release form if a service does not comply with the standards or rules of the trade.
Only the person using the goods or services sold is authorised to sign a release. In the event of validation by an unauthorised intermediary, the intermediary’s liability will be engaged in the event of any subsequent dispute, and the seller’s liability will be released.
Article 10 – Delivery time
The time taken to deliver and install the goods or to make them available is given as an indication only. It may be 4 to 6 weeks between the measurement or the order validated by the customer and the provision, delivery or installation.
This time may vary depending on the type of material and finish chosen by the customer.
This period is subject to access to the worksite and compliance with payment terms. Exceeding delivery times may not give rise to damages, withholding and/or cancellation of orders in progress.
This period is extended during annual holiday periods (Christmas and summer periods).
Article 11 – Samples
Natural materials, granite, marble, quartz and other products may vary in colour and texture. This implies a possible evolution between the sample presented and the materials installed and cannot under any circumstances be the subject of any dispute. LOFTS & ATELIERS reserves the right to modify the colours offered according to the availability of its suppliers and the latest trends.
Article 12 – Prices and Terms of Payment
As the contract is concluded definitively, the sums paid on signing an order form are a deposit in accordance with the Law, unless special conditions are noted when the order is placed. The prices of the products and services are those indicated in the validated offer or the order.
The invoice price is payable either in cash by cheque or by bank transfer on receipt of invoice. Payments due may not be deferred or modified as a result of late payment penalties or any other reduction or compensation without the seller’s written agreement. Any change in the buyer’s factual or legal situation, or any failure to pay on the due date, shall render all invoices issued and work ordered but not invoiced immediately payable in full and shall give the seller the right to suspend deliveries and services.
Article 13 – Late payment penalties
Any delay in payment will give rise to the application of late payment penalties, without prior formal notice, at the rate of 2.5 the legal interest rate, with a minimum of 50 euros and this from the first day. In addition, the purchaser shall bear all costs incurred by LOFTS & ATELIERS in the recovery of the debt.
Article 14 – Retention of title
The products sold remain the property of the company LOFTS ET ATELIERS until full payment of the price in principal and accessory in accordance with the law of 12 May 1980 (law 80-335 art. 1).
Article 15 – Warranties
The products are guaranteed under the conditions of common law (article 1641 of the French Civil Code). Our warranty is limited to the replacement of defective materials, to the exclusion of all damages, interest, handling and installation costs. We decline all responsibility in the event that the materials have not been properly used and maintained in accordance with our instructions and usage, or that they have not been installed by our services. All requests for after-sales service following the supply and installation of worktops must be notified to us within 48 hours of our intervention.
Article 16 – Jurisdiction
Any dispute, whatever the cause, shall be referred to the seller’s Commercial Court, which shall have exclusive jurisdiction, even in the event of a third party claim or multiple defendants. All clauses in these general terms and conditions of sale are subject to French law.
Article 17 – Photographs of the Site
The seller reserves the right to photograph its services and the immediate environment and to use the photographs for advertising or other purposes, without requiring the customer’s prior authorisation. All rights are then permanently transferred to the seller without any compensation being due to the customer.
Article 18 – Special clauses
The technical configuration of the joints and their number will be carried out in accordance with good practice, depending on the constraints of the materials, machining and access to the site. If it is impossible to access the installation site under normal handling conditions, an additional assembly joint may be required. The use of lifting equipment under the orders of the customer and exclusively at his expense and under his responsibility may be carried out with the prior agreement of LOFTS & ATELIERS. LOFTS & ATELIERS accepts no responsibility for the use of handling equipment other than that supplied by the company and under its supervision.
Variations in thickness of plus or minus 2/4 mm may be observed on the same part. A variation in thickness can under no circumstances be considered as a non-conformity of the product supplied.
The maximum dimensions of the slices are variable and provided for information only. The customer will be informed of the dimensions available when the products are put into production.
The parts are assembled using two-component epoxy resin, coloured as closely as possible to the colour of the material (with some exceptions). The seals between the parts and the walls are made of translucent silicone. Please note that we do not make any joints between the top of the skirting board and the wall. We recommend an acrylic-type seal that can then be painted.
In the case of essential work that is not provided for when the worktop is installed, an additional estimate will be drawn up for the professional or end-user customer. This will be based on the current LOFTS ET ATELIERS price list. The installation deadline will be suspended and postponed until the customer’s written agreement to the additional estimate has been obtained and any deposit has been received.
Installation area included: Rhône-Alpes region. For all other areas, please contact us.