The clauses stipulated below are brought to the attention of the customers and are the law of the parties
Authenticity
Our articles are entirely handmade by craftsmen. The number of manipulations of the tile inevitably results in a certain variability and imperfections in the form of color shades, surface aureoles, fine cracks, small bubbles, scratches, and differences in thickness +/- 1 mm. These small imperfections that you would detect are the proof that everything is made in a craft way that will make the charm of the whole once installed.
Storage and installation conditions
La Cimenterie de la Tour cannot be held responsible for the reception and storage of cement tiles by the customer. All cement tiles are packaged in cartons and delivered on pallets and must be stored away from the elements (rain, etc.). If this were not the case, the time of the rise of the laitance would be higher than that indicated in the advice of installation enclosed with the delivery.
For all cement tiles installed outside on terraces not sheltered from the sun, the effects are only a loss of color, which will not change the behavior of the tile over time.
The installation of cement tiles in very humid environments may cause traces or effects of laitance after treatment, which will diminish as soon as the weather becomes drier. This is due to the fact that matter reacts to its environment. It will be necessary to take care, that the installation is made in the rules of art by the craftsman who will judge himself of the means to implement.
Controls
Any order implies an adhesion and without reserve to the general conditions of sale below.
A deposit of 40% is required for acceptance of the order. In the event of cancellation of the order by the customer for any reason whatsoever, the 40% deposit paid will be retained to cover the costs incurred by the company.
Any agreement deviating from our general terms and conditions is only valid if it is accepted in writing in our order confirmation.
To avoid any dispute, the order must include the exact name of the Buyer as well as the precise delivery and billing addresses.
The company CIMENTERIE DE LA TOUR reserves the right to refuse any order without having to justify the reason(s).
Reserves
The prices, information and descriptions of our goods, printed brochures or advertisements are for information purposes only and are not binding on us in any way.
We reserve the right to make any changes we deem necessary.
The colors of our handcrafted tiles may vary slightly as well as the graphics of our patterns. No guarantee is given.
The implementation of our products is under the full responsibility of the Buyer.
The company CIMENTERIE DE LA TOUR cannot be held responsible.
Deliveries
Our delivery times are given as an indication and cannot be used as a basis for penalties for delay or cancellation of all or part of the order.
The receipt of the goods results from the signature by the Buyer of the delivery note.
In fact the reception is the responsibility of the buyer, he will have to check the goods and note on the receipt of the carrier all the observations noticed (breakage, pallet in bad condition, torn cartons).
If the conditions of reception seen above have been respected, Cimenterie de la Tour will take charge of the damage suffered by the buyer.
The unloading of the goods is the responsibility of the customer as well as the transport to the site where they will be used.
Claims
All claims for damage or non-conformity must be made to the company CIMENTERIE DE LA TOUR by registered letter within 3 days of the date of delivery.
Resume
In order to avoid high handling and administrative costs, our goods are neither returned nor exchanged. Nevertheless, if it should be necessary, within a period of 1 month from the date of delivery, it will be possible to exchange only tiles by full boxes after verification by our logistician. Handling and administrative costs will be charged.
Transportation
Our goods always travel at the Buyer’s risk, whatever the means of transport used or the terms of payment of the transport price.
The transport, even if carried out by us, is always deemed to be on behalf of the Buyer.
Settlement invoices
All invoices are payable upon receipt net without discount.
The Purchaser shall refrain from using any claim against the company CIMENTERIE DE LA TOUR as a reason for deferring all or part of his payments.
By express agreement and unless a postponement is requested and granted, failure to pay invoices on their due date will result in the payment of all sums remaining due, regardless of the method of payment provided for, as well as the payment of compensation equal to 10% of the sums due, in addition to the legal interest and any legal costs.
Retention of title clause
The transfer of ownership of the goods is subject to full payment of the price. Payment by bill of exchange or promissory bill shall not constitute an exception to this clause (Law n° 80335 of May 12, 1980)
Furthermore, if the Purchaser does not respect the conditions of payment or if he is the subject of a judicial settlement procedure or a liquidation of assets (article of law n° 85/98 of 25th January 1985 modified by law N°94./475 of 10th June 1994), the company CIMENTERIE DE LA TOUR reserves the right to take back possession of the goods at the Purchaser’s expense. To do this, the CIMENTERIE DE LA TOUR company is authorized to enter the premises where the goods are stored in order to remove them.
Disputes – Jurisdictional clause
In case of disputes, the Commercial Court of Montpellier is the only competent court, whatever the conditions of sale or methods of payment accepted, even in case of appeal in guarantee or multiple defendants. The issuance of bills of exchange does not constitute a novation or waiver of this jurisdiction clause.
