Page 183 - Accessibility-Hygienic-Accessories

Terms and Conditions of Sale /

The general terms and conditions are valid for all WARRANTY AND RESPONSIBILITY: PHOTOGRAPHS AND DRAWINGS:
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customers. Our finished goods delivered after the 1 January 2024 All photos, drawings or illustrations are for illustrative
are warrantied against any manufacturing defect for a purposes only, without contractual obligation, and may be
ORDERS AND QUOTATIONS: period of 30 years, including electronic controls, excluding subject to change without notice.
3 We do not accept open orders or orders for call-off. have a 3-year warranty from the invoice date. This does without notice and without recourse. This applies to all
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These will be processed in order of receipt.
other electrical accessories (e.g. hand dryers, etc.) which
We reserve the right to modify designs and dimensions
All orders sent imply acceptance of our general terms and
references, dimensions, information contained in various
not apply to products with an expiry date. Spare parts have
conditions of sale and customers waive any claims that
documents, catalogues, installation guides, price lists and
a one-year warranty.
may arise from clauses in their own documentation which
This warranty is limited to replacement or repair of
websites, which can be modified or discontinued at any
may differ.
The customer agrees to these terms from the moment that
France but excludes the costs of spoilage, handling and
we receive the order, which cannot be cancelled. Orders defective components as determined by our workshops in time without notice.
INTELLECTUAL PROPERTY AND USE OF CONTENT:
carriage or compensation whatever they are. We are not
are accepted without obligation to deliver the order in full responsible for handling charges and the cost of returning The content (including but not limited to the information,
in one delivery. products to our workshops. text, graphics, data, images, photos, visuals, videos and
Our commercial representatives are not authorised Disasters or major water damage as a result of soundtrack, and the format of all these elements and our
to agree additional terms verbally, or to provide verbal
catalogues, websites, etc.) are protected under copyright
manufacturing defects are covered by our product and/or
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5 In the event of default or delayed payment, the Company public liability insurance. sole property of their respective editors. Any copying,
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and/or other intellectual property. The contents are the
guarantees beyond those provided in the written contract.
Our warranty and responsibility does not include the
reproduction, use, adaptation, alteration, modification,
will be entitled to suspend deliveries or cancel existing
following:
translation, dissemination, complete or partial, of content,
orders without any claim for damages from the customer.
- installation that does not comply with the technical
whether they belong to DELABIE or a third party which has
In the event of a change in circumstances of the buyer, we
specification or current recommended guidelines;
reserve the right to cancel existing orders or to demand
is illegal except for the limiting rights that are granted
payment guarantees. - worn parts; granted the rights to DELABIE, by any means whatsoever,
- non-compliance with installation, user and maintenance
Our quotes do not amount to specifications; specifiers guides; below, and/or private copying for the exclusive use of the
and professional installers are solely responsible for - other factors independent of our products’ quality, for copier. The content presented in our communication and
the choice of products according to their intended use, example: detergents or abrasive cleaning products, business tools may be subject to change without notice
current regulations and recommended guidelines. the action of hard water, foreign bodies (e.g. gravel, and are provided without warranty of any kind, express or
sand, iron filings, scale, etc.), chemical and electrolytic implied, and cannot give rise to any right to compensation.
PRICE: phenomenon; Protected content may be specifically identified by the
Deliveries are invoiced according to the conditions in - lack of supervision, poor storage or poor maintenance; following copyright notices: © or “All rights reserved”.
place at the date of despatch. Prices are given without - product modifications or actions by the customer,
guarantee and they may be changed without notice or a third party, without our authorisation using non- The names and logos appearing in our catalogues and
subject to fluctuations in costs, VAT or other taxes, DELABIE components and/or consumable items. websites are registered trademarks. These distinctive
according to the prevailing economic conditions. - products past their expiry date. marks are the exclusive property of DELABIE or third
Price increases will be announced one month prior to their The water-tightness of connections, joints and the parties who have granted the rights to DELABIE. Any use,
application, and they apply to quotes and orders in hand. complete or partial reproduction, or imitation of these
product housing is the responsibility of the professional marks is prohibited without prior express consent of
PAYMENTS: responsible for installation, and must be guaranteed DELABIE.
Terms of payments are confirmed when an account is by them. Warranty excludes joints, valves, washers and Alteration and modification of the contents or their use
opened, and are dependent on the terms of our credit rubber seals. However they would be supplied if the for any purpose other than that authorised, constitute an
insurance, and according to each country. warranty application requires them. Any finishes other infringement of DELABIE’s, or a third party’s, property
We do not give discount for early payment. than chrome or nickel are also excluded from the warranty. rights. With the following limitations, DELABIE grants you
In the event that the product has been discontinued or the right to download and distribute the content:
In accordance with Article L441¤6 of the Commercial manufacturing methods have changed and replacements - where the download function exists
Code, any delay in payment will give rise to the following are not available, similar alternative products will be - for non-commercial purposes
from the first day of delay, regardless of their status with offered. Replacement under warranty will not extend the - in good faith
the supplier: duration of the original warranty. - for maintaining the proprietary notices intact, and for
- An interest rate for delayed payment will be applied, Legal warranty of latent defects applies in any event. the publication or posting of existing content online,
equal to the European Central Bank refinancing rate SPARE PARTS: if such information is stated. This right should in no
plus 10% (French Law of Modernization of the Economy Spare parts and mechanisms that are essential to ensure way be interpreted as a trademark or copyright license
- LME – No. 2008¤776 of 4th August 2008); for the aforementioned content.
- A one-off payment of 40 Euros will apply to cover the correct operation of our products will be held in stock
for 50 years from the date of purchase. They are listed at
expenses (European Directive 2011/7 of 16th February the back of our catalogues. PERSONAL DATA PROTECTION:
2011, Law 2012¤387 of 22nd March 2012, and Decree In line with the General Data Protection Regulation
2012¤1115 of 2nd October, 2012); RETURNS: (GDPR), DELABIE is doing everything necessary to limit
- When the recovery costs exceed the amount of the one- Goods may not be returned to us for credit without our prior to a bare minimum the collection of personal data, and its
off payment, additional compensation will apply where written approval obtained by the buyer from the Company conservation and ensure its protection.
justified. and they are received in a good state (determined by our DELABIE only uses this data for its own use for purposes
In the case of late payment, a one-off payment may be goods inwards department). All transportation costs for of information and commercialisation of its products. It is
required, replacing existing conditions. We will not accept returned goods must be paid by the buyer. Goods must be not, under any circumstances, given to third parties.
any set off, only our assets have a legal value. returned to our factory* with good protective packaging. The right of access, rectification, removal and opposition
to the processing in addition to the limitation and
Deliveries less than a month old will be refunded at the
DELIVERY TIMES: invoiced price. For deliveries older than one month, transferability of your data is possible on request to our
Despatch dates are indicative only and we shall not be Data Protection Officer (DPO) at DELABIE via email
liable for any delay or failure in carrying out our obligations a deduction will be made for checking, handling and (dpo@delabie.fr) or recorded delivery with a photocopy
administration costs. A repair and re-stocking fee will
where the delay or failure to deliver is caused by risks of of a photo ID to the following address: DELABIE, 18 rue
manufacturing or where the cause is beyond our control. apply where appropriate. du Maréchal Foch, 80130 FRIVILLE, France.
Product returns are not permitted in the following
Delivery delay will not give rise to compensation payment To improve our services and for training purposes, calls
or goods rejection. circumstances: discontinued products, specially to DELABIE may be recorded. These recordings will not
manufactured products, technical or aesthetic evolution be retained, and will be systematically deleted within
SHIPPING: of the product since the date of purchase, scratched or a maximum period of 48 hours.
Orders are sent to our distributors. We do not deliver damaged products, products purchased more than one
to site. Charges and risks incurred from the transfer year previously, products with an expiry date. If sent to EXCLUSIVE TERRITORIES:
of merchandise depend on the Incoterm used for the DELABIE, those products outside the scope of returns In most countries throughout the world, our company has
commercial transaction. The carrier is solely responsible will be immediately destroyed/recycled, and will not be entered into exclusive agreements with organisations to
for their delivery, and in the event of delay, missing returned to the customer. import and distribute our products. Within this framework,
items, damage or other dispute, the customer must The schedule of standard deductions is as follows: our clients cannot sell our products outside their national
indicate this via the delivery driver’s paperwork (either - return less than 1 month: refund at invoiced price borders without an express prior agreement on our part.
electronically or in hard copy) AND follow up with - return between 1 and 3 months: deduction of 15%
written notification sent by recorded delivery within - return between 3 months and 1 year: deduction of 30% JURISDICTION:
Acceptance of an order delivered from France settles the
24 hours. A copy of this letter must be addressed to us. - return after 1 year: no refund possible.
- return without prior agreement: additional deduction contract under the French law. All disputes arising from
CLAIMS: of 5% of the value of the goods with a minimum value the present contract will be settled definitively by the
No claim will be allowed where the delay in reporting of €50 excl. VAT. Court located in the area of our domicile, even in the event
exceeds 8 days following receipt of the goods. * DELABIE S.A.S. of multiple defendants, regardless of the delivery location
The whole of the delivery cannot be rejected because of 18, rue du Maréchal Foch or stipulated payment. All clauses to the contrary will be
partial damages and shortages. 80130 Friville Escarbotin – FRANCE considered null by the mere fact of having dealt with our
company.
PROPERTY IN GOODS: CLEANING - MAINTENANCE:
Notwithstanding any agreed terms of sale, the goods shall Clean with slightly soapy water only, using a soft cloth or
remain the property of the seller until payment is made in sponge, rinse and dry thoroughly. Do not use abrasive or
full. The failure to meet a payment deadline may result in chlorine-based products (with a hydrochloric acid base),
the reclamation of these goods. or dyes.
The buyer assumes the risks of loss or damage, regardless
of the means of delivery, as described in ‘DELIVERY
TIMES’ and ‘SHIPPING’ above, as well as liability for the
damage they might cause.
Copy forbidden without our written agreement.
DELABIE S.A.S., share capital €999,600 - RCS 615 680 089 Amiens