Terms and conditions of sale
1. General provisions
These general terms and conditions of sale define the respective obligations of the contracting Parties in the sales made through our services. By signing the purchase order or accepting the order confirmation, our contractor expressly acknowledges having read and accepted these general terms and conditions of sale.
Only derogations that have been the subject of a written agreement from us can modify the application of these general conditions.
2- Validity of offers
Unless otherwise stipulated in writing, the validity period of our offers is 30 calendar days from the date of issuance.
3- Orders
Any order entrusted to us only commits us upon receipt of full payment including VAT for tools, the payment of a 40% deposit of the total amount including VAT for special manufacturing services and/or modification of tools or machinery, as well as for orders in bulk (shipment by pallet), where a 40% deposit of the total amount including VAT is required.
The changes made by the client to their purchase order or to our offer will only be valid if we have accepted and confirmed them in writing.
In case of unilateral cancellation of an order by the contractor, we reserve the right to demand compensation equal to the amount of the deposit paid.
4- Price
The prices shown are in euros, excluding taxes, with applicable VAT on the day of the order in addition. They are firm until the expiration of the validity period indicated in the quote. They do not include transportation costs, which will be billed separately.
5- Delivery - transportation - risks - expenses
The goods can be collected by the buyer at the address of our company La Fabriculture, 10 rue Croix du Verdier - 12160 Moyrazès. However, the buyer will inquire in advance by phone about our presence on the premises.
When delivery is our responsibility, it is carried out by the carrier of our choice, unless otherwise agreed in writing. Generally, these deliveries are made directly to the customer's home. The delivery time for France is 24 to 48 hours after shipment. Delivery times are provided for informational purposes only. La Fabriculture cannot be held responsible for delivery delays attributable to the carrier or any other fortuitous event.
Even in the case of free shipping, the Buyer alone bears the risks associated with transportation. It is their responsibility to check the goods upon arrival and, if necessary, to take action against the carrier and inform La Fabriculture within the same timeframe.
Goods are shipped free of charge (shipping and packaging), except for accessories.
6 - Feedback
As provided by the Hamon Law of March 17, 2014, the buyer has a 14-day period to reconsider their purchase decision (online, by mail, or by phone). The buyer will be responsible for covering the return shipping costs of the goods and packaging them adequately to protect the items during transport. The buyer will receive a full refund within 15 days of receiving all the items in full.
7- Retention of title clause
Defined by articles 2367 to 2372 of the Civil Code and according to article 624-16 of the Commercial Code.
Fabriculture retains ownership of the goods and services sold until full payment is received, including any additional costs (potential fees, interest, and penalties). Consequently, the buyer expressly agrees not to sell, transfer, or otherwise dispose of the goods subject to the contract until their account is settled. The seller may enforce the retention of ownership clause eight days after sending a payment demand, via registered letter with acknowledgment of receipt, to the buyer that remains unanswered. The goods must then be returned to the seller immediately upon request.
8- Payment deadline - discount - interest - penalties
Payment for tools is due in cash when ordering. For special manufacturing, invoices are payable upon receipt of the invoice.
Unless otherwise specified on the invoice or purchase order, no discount is granted for early payment.
In case of non-payment at any of the due dates, in addition to the right for La Fabriculture to demand the return of the service or its compensation, the deposits received will remain acquired as damages. La Fabriculture will have the right to declare the term due without prior notice. In accordance with legal provisions, the Buyer will automatically be liable for a penalty for late payment equal to 3 times the legal interest rate and at a minimum of a flat amount of 50 euros.
9- Warranty - exclusion
The warranty applies from the day of delivery. We guarantee the tools we sell against hidden defects for a period of 6 months from the delivery date. Mechanically welded parts are guaranteed for life.
This guarantee is subject to the following conditions:
- The defect makes the tool significantly unsuitable for the intended use.
- The tool has been assembled properly.
- The tool is used under normal conditions. The warranty will not apply in case of modification or repair by a person who is not professionally qualified.
Damages and defects caused by natural wear and tear, accidents, vandalism, or overwork are not covered by the warranty.
In order to invoke the benefit of the warranty, the buyer must notify us of any claims regarding hidden defects by registered letter (with explicit photos attached) within a maximum period of one month after discovering them or after they should have reasonably discovered the defects. Our warranty is limited, at our discretion, to either a free repair (by La Fabriculture or a local professional designated in agreement between La Fabriculture and the Client) or the replacement of defective parts or tools. Under no circumstances will the goods be refunded.
The buyer will have to cover the return shipping costs of the merchandise. La Fabriculture ships the new goods at its own expense.
10- Responsibility
Fabriculture declines all responsibility in case of any accident of any kind during the use or assembly of tools and equipment manufactured by the company.
It seems like there is no text provided to translate. If you have a specific text in French that you need help translating into English, please provide it and I'll be happy to assist you. Disputes
In the event of a dispute between parties or legal proceedings for payment, only the courts with jurisdiction over our headquarters (Rodez Court) are competent.
12- Change of the agreement
Any change to the specific agreements or general conditions must be the subject of a written amendment signed by the parties.
13 - Escape clause
The invalidity or illegality of one of the clauses provided for in the contracts (specific and general conditions) agreed upon by the parties does not in any way invalidate or nullify the other conditions of the contract concluded between the parties – the remaining clauses remain fully valid.