Terms and conditions

Preamble

All orders placed on the website are subject to the Terms of Sale. Olfa reserves the right to adapt or modify at any time the version of the general sales contions applicable to any transactions made on the website :  www.olfa.fr

ENFORCEMENT OF GENERAL SALES CONDITIONS – OPPOSABILITY

These General Sales Conditions are systematically sent or given to each buyer in accordance with the provisions of the article L 441-6 of the French Commercial Law. The fact of ordering implies the whole and clean acceptance by the buyer of these General Sales Conditions excluded all other documents. No particular condition can prevail, except formal and written acceptance of the seller, whenever the moment the seller could have been informed of this condition. The fact that the seller doesn’t assert, at a given time, any of these General Sales Conditions can not been understood as a renunciation to assert these General Sales Conditions in the future.

PATENT RIGHTS AND INDUSTRIAL PROPERTY

The goods remain S.A.S.U. OLFA’s property and shall be sold under OLFA trade mark. No modifications can be brought to the presentation of the goods without prior written agreement of S.A.S.U. OLFA.

DELIVERY
Except specific agreement, the delivery is carried out by direct delivery of the product to the buyer, or by a mere notice of disposal, or by the delivery to a shipper or a carrier in the seller’s premises. The deliveries are carried out according to the availabilities and in the order or arrival of the orders. The seller is authorised to carry out global or partial deliveries. The seller is released from his obligation to deliver in the cases usually constitutive of act of God. Our prices are free of charge of transport or packaging in metropolitan France for any order superior to 30 € VAT included. Freight costs for any order inferior to that : 5,30 € VAT included. Deliveries out of France Métropolitaine are ex-works.

RECEIPT
Without prejudice to the dispositions towards the carrier, the complaints about obvious defects or about the non-accordance of the delivered product with the ordered product or with the dispatch note must be mentioned on the delivery note and confirmed in writing in the three days of the arrival of the products. The buyer should prove the reality of the defects or anomalies noted. He should help the seller to attest those defects and to find a solution.

BE CAREFUL !

While receiving your parcel, in presence of the delivery person, check out the parcel's content and state. Do not hesitate to specify on the delivery note any abnormality (open, damaged, wet, missing product...). The phrase "subject to unpacking" is not enough ! In case of damages do not hesitate to refuse the parcel, this will help a faster re-dispatch of your product.
If this procedure is not enforced, we will not take to our charge damages due to the transport.

PRODUCTION

The dimensions and colours of our products are subject to usual tolerances. It is also specified that we reserve the right, at any time, and depending on the necessities of technical and commercial evolution, to stop or modify the manufacture of either of our products. Obviously, such modifications on our side shall not justify any claim for indemnity whatsoever from anyone.

PICKING UP

Each picking up on our Signy-le-Petit site will involve logistic fees of a fix amount of 100 €, excluded VAT.

RETURNS

Each product return must be agreed between the seller and the buyer. Any product returned without this agreement would be kept at the disposal of the buyer and would not be followed by a credit note. Costs and risks of the return are always at the buyer’s charge. The goods returned must be accompanied by a return sheet to settle on the parcel and must be in the same condition as when the supplier delivered them. Any return agreed by the seller will be followed by a credit note in favour of the buyer, after quality and quantity check of the goods returned.

PRICES
The products are supplied at the prices valid at the time of invoice, that is to say, according to the General Pricelist at disposal upon request. Those prices are net, ex-works, without VAT. All taxes, rights or other services to pay in pursuance of French regulations or of those of an import country or of a transit country are payable by the buyer. Except written agreement of the supplier, transport costs are always payable by the buyer. The annual General Pricelist is liable to be modified during the year in case of a big evolution of the costs of manufacture inputs (raw materials, energy…).

INVOICES
An invoice is established for each delivery and given at the same time, unless a delivery note has been given, in which case a recapitulative invoice, referring to all the delivery notes emitted, will be established each week.

PAYMENT
If there is no contrary agreement, settlements are done cash at the order. In case of payment delays, the seller will be authorised to interrupt all orders placed, without prejudice of all other action possibilities. Any delay in payment is legally debtor, towards the company OLFA, of a fixed indemnity for recovering fees in the amount of 40€. In addition to that fixed indemnity, any sum not paid at the due date written on the invoice brings the enforcement of penalties of an amount equal to one and a half the legal interest rate increased of two points and of an indemnity equal to 15% of the due sums. In case of default of payment, forty-eight hours after a formal notice remaining unsuccessful, the sale will be cancelled legally if the seller thinks it is the best, who could ask, in a summary procedure, the return of the goods, without prejudice of any other damages. In case of payment by instalments, the default of payment of only one bill will cause the immediate repay ability of the whole debt, without formal notice. Sums which could be due for other deliveries, or for any other reason, would become immediately repayable if the seller doesn’t choose the cancelling of the corresponding orders. The buyer will be obliged to repay all fees attached to the legal collection of the due sums. In no case payments can be interrupted or be compensated without former and written agreement of the seller. Any incomplete payment will be firstly charged on the not preferential part of the claim, then on the sums whose repay ability is the oldest. A tightening of the buyer’s credit could justify either the cancelling of particular conditions granted by the seller, or warranty requirements, or a cash or a sight draft payment, before the orders received can be taken into account. Any delay in the payments can interrupt the delivery of the orders placed until full settlement.

RISK TRANSFER

The risks transfer on the products, even in case of a carriage free sale, occurs as soon as the goods are sent from the seller’s warehouse. This results in the fact that the goods travel at buyer’s risks who has to, in case of damages, loss or outage, make reservations or make a claim against responsible carriers.

OWNERSHIP RESERVE

The seller reserves expressly the ownership of the goods until the global payment of their principal, accessories and interests. Therefore, the buyer doesn’t let himself resale, transform or integrate the goods until their complete payment. If there is default on payment of the whole or a part of the price, the sale will be cancelled legally if the seller thinks it is the best.

WARRANTY

The product that is delivered is guaranteed once it is installed. Keep the invoice and delivery note. Warranty applies to all parts of the product provided that it is used in normal conditions.

Warranty period toilet seats OLFA reticulated wood^®: 10 years – OLFA Duroplast: 5 years, Tissot Pro: 3 years, Accessories: 2 years, Aseo: 2 years, Flush mechanisms NF: 10 years, others: 5 years except joints.

Warranty does not apply to

• Uncared products and products damaged by abrasive and/or acid substances.
• Damages linked to transport must be mentioned on the delivery slip.
• Products not installed in mainland France.
• Products used in unsuitable contexts.

CLAIMS

In case of admittedly faulty delivery our responsibility will be limited to the replacement of the goods to the exclusion of any charges and indemnity. No claim on the quality of the goods shall justify any suspension of the related payment, if the defect has not been recognized by us before the date of payment. In such a case, the suspension of payment would only apply to the value of the involved good.

JURISDICTION – CONTESTATION

Any contestation that could arise at the occasion of a sale or of one of its accessories falls within the jurisdiction of the district of SEDAN and of the jurisdiction of the French Law.

 For any other information, do not hesitate to contact us : gr_adv@olfa.fr

or send us a mail at our address : OLFA - 5 rue du Fourneau - 08380 SIGNY-LE-PETIT