CONDITIONS GENERALES DE VENTE
ARTICLE 1 - Scope:
In accordance with article L 441-1 of the French Commercial Code, all services and sales performed by STRUCTA INDUSTRIES for its customers are governed exclusively by the present general terms and conditions of sale (hereinafter referred to as the "T&Cs"). These are annexed to any quote sent to the client and constitute the sole and exclusive basis for commercial relations between the parties. Issue by email of an order confirmation as well as the payment of a deposit by the client when requested, implies the client’s due and proper acceptance, without restriction or reservation, of these T&Cs, which will be applicable to all orders, including future orders, and take precedence over any other previous or contradictory document, unless special conditions are negotiated. These T&Cs are subject to modification without notice. The version of the T&Cs applicable to the order is that in force on the same date as that on which an order is placed. The General Terms and Conditions of Sale are applicable, without restriction or reservation, regardless of any clauses that may appear in the client’s commercial documentation, and in particular the client's general terms and conditions of purchase. STRUCTA INDUSTRIES hereby reserves the right to derogate from certain clauses of these General Terms and Conditions, depending on the negotiations conducted with the client, by drawing up special terms and conditions of sale included in the quotation. All purchases or services, of any nature whatsoever, and regardless of the sales medium (online sales, direct orders, etc.) are subject to all the clauses of the T&Cs, unless specifically stated otherwise in relation to the sales medium. All company contracts are also subject to all the clauses of the General Terms and Conditions, unless specific conditions are set out in the contract specifically concluded between the Company and the Client accordingly. In such instances, the T&Cs shall continue to apply to all points from which the contract specifically concluded does not derogate. By confirming an order, the Client acknowledges to have read and accepted these General Terms and Conditions.
ARTICLE 2 - Orders :
To avoid any order duplication errors, please indicate a number or reference with each order. Orders received are not binding on STRUCTA INDUSTRIES until confirmed in writing by STRUCTA INDUSTRIES.
When placing an order, the Client hereby guarantees to have full legal capacity to accept the T&Cs and to enter into a sales contract. The Client is solely responsible for the information transmitted and undertakes, in the event of modification, to update all information with STRUCTA INDUSTRIES. STRUCTA INDUSTRIES shall not be held liable for any data entry errors or attempted fraud by the Client, nor for the consequences thereof in terms of delays or delivery errors, including in the case of orders placed by telephone. It is the Client's personal responsibility to check all information entered during the order process (items ordered, references, colours, options, quantities, amount, invoicing address, delivery address, telephone number, etc.).
The Client is hereby informed and accepts that the entry of this personal data constitutes proof of his/her identity and demonstrates his/her consent. Furthermore, in the case of a delivery address involving a third party, the Client is solely and exclusively liable for the information he or she provides and for the consent of the said third party to receive the delivery.
Once you have entered your order, we will then issue you with an order confirmation. We ask you to examine it as soon as possible, to contact our customer service department if you have any comments, and to return it to us, signed, no later than two working days following receipt of the confirmation. After two days, the order will be considered as fixed and you will be deemed to have accepted the order confirmation. Once the order confirmation has been approved, any request to postpone or modify the order or for additional services will be subject to a new quotation or amendment. In other words, the product description in the order confirmation will form an integral part of the agreement and be binding on the parties. STRUCTA INDUSTRIES is not responsible for any errors or omissions in an order. Orders must be accepted in writing and sent to our e-mail address: serviceclient@blabla-cube.com . They should be compliant when accepted by STRUCTA INDUSTRIES. All orders must include the Blabla-Cube order form completed in full, the logistics information sheet completed in full and a written order with detailed prices for each configuration, the delivery address and the desired delivery date. An order will be considered effective on receipt of the 30% deposit, or in the case of special payment conditions, on compliance with the latter. The client should check and duly sign the order confirmation within 48 hours and notify any issues in writing. The absence of a signature within 48 hours shall be deemed to be full acceptance of the order confirmation and the T&Cs. No order will be accepted if there are outstanding invoices. Estimates or price breakdowns are only valid when issued in writing for the period of time indicated. If the period is not indicated, they will be valid for 3 months on our quotes.
In the event of cancellation of the order by the client after signature of the order confirmation, STRUCTA INDUSTRIES shall be entitled to demand full payment from the client as indicated on the order confirmation, regardless of the progress of the services provided for in the order confirmation. At its sole discretion, STRUCTA INDUSTRIES may limit its claims for payment to the pro rata progress of its services performed. No modification or cancellation of orders is accepted. No order will be accepted if there are outstanding invoices. Estimates or price breakdowns are only valid when issued in writing for the period of time indicated. If no time period is indicated, they shall be valid for 30 days. An order is deemed to be complete once the order confirmation has been approved, the deposit has been received, and the order form, logistics sheet and layout plans have been approved accordingly. The delivery lead time indicated runs from the moment the order is complete.
ARTICLE 3 - Coolong-off period :
The Client is a professional placing an order in the context of and for the needs of his profession, and does not benefit from the right of a cooling-off period as stipulated under the Consumer Code. The Client is also informed that no request to take back the product may be made after delivery.
ARTICLE 4 - Price - Payment terms :
Prices are given in euros and exclude VAT. They will be increased by the VAT rate applicable on the day the quotation is signed, as well as the Eco Contribution and the Parafiscal Tax. These three forms of taxation may change without notice and must be readjusted when the balance is paid, regardless of the stage of progress of the order. Unless otherwise agreed on the quotation, orders are subject to a deposit of 30% of the total amount of the quotation, with the balance to be paid on delivery of the furniture listed in the quotation, without discount. As STRUCTA INDUSTRIES' suppliers' prices are constantly changing, the prices displayed may be modified at any time. They may also vary due to being specific to product launch prices, promotions, sales or end of series. All prices are given subject to obvious typographical errors or purely material computer labelling errors. If the installation of the furniture is postponed by the customer for more than 15 days or if it is impossible to deliver the furniture to the customer within the time specified in the quotation for a reason that is not attributable to STRUCTA INDUSTRIES (works in progress, closure, etc.), the balance of the invoice becomes immediately payable and must be paid on first request. No deposit paid can be classified as a deposit within the meaning of article 1590 of the French Civil Code, and orders are legally-binding on the parties. In the event of non-payment on the due date, STRUCTA INDUSTRIES may charge late payment penalties corresponding to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points. However, this rate may not be less than three times the legal interest rate in force. Late payment penalties are payable without the need for issue of a reminder. In accordance with article L.441-6 of the French Commercial Code, in the event of late payment, the client must pay STRUCTA INDUSTRIES a fixed indemnity of 40 euros for debt recovery costs. When the debt recovery costs incurred are higher than this fixed indemnification amount, STRUCTA INDUSTRIES reserves the right to request additional compensation at least equal to the actual costs incurred, without prejudice to any claim for damages for the loss suffered.
A 30% deposit is payable on all orders. A deposit invoice is issued accordingly. An order is considered to have been entered and approved on receipt of the 30% deposit. The order process starts as soon as we receive payment of the deposit. In the event of late payment of the deposit, the order in question will be moved to the end of the production schedule, without any penalties for late payment being incurred. The balance invoice is issued on the date of delivery of the order. Payment in instalments is due within 30 days of the end of the month, starting on the invoice date. STRUCTA INDUSTRIES reserves the right to calculate the specific method of payment, as well as the right to reclaim, by the due date, the entire outstanding balance without notice and to apply interest at the legal rate in force as applied by the European Central Bank. Any delay in the payment of a deposit or outstanding balance will result in the implementation of specific payment conditions for all new orders. In the case of a sale involving a distributor, late payment by the end customer may under no circumstances be invoked to justify late payment of the balance of the STRUCTA INDUSTRIES invoice. These general terms and conditions of sale and payment take precedence over any terms and conditions of purchase of a distributor or end customer.
ARTICLE 5 – Delivery and installation :
Delivery will be made within a period indicated in the order confirmation. Delivery lead times begin to run from receipt of the deposit payment. Any specific request will impact the delivery lead time by at least 2 additional weeks. Annual closure periods may have an impact on delivery lead times without this being specified in the order confirmation. Unless otherwise specified in the quote and/or unless STRUCTA INDUSTRIES is physically unable to do so (closed premises, works in progress), STRUCTA INDUSTRIES is responsible for organising the transport of the furniture and accessories to the site, their delivery and, on receipt, for managing the conformity of orders (condition, references, quantities, colours, sizes, reservations, refusal of damaged packages, return of packaging). Products will be delivered to the carrier as appointed by STRUCTA INDUSTRIES and, in the event of shipping being paid by the recipient, by the company appointed by the client. Partial deliveries may be undertaken in the event of any prior consent of the client. STRUCTA INDUSTRIES will not be responsible for any fees incurred by failed deliveries. Any delays will not allow the buyer to cancel the order, or claim any interest or compensation for damages, unless otherwise agreed between both parties. For special orders which include special characteristics or materials, the delivery lead time provided is approximate and will begin to run from receipt of all technical specifications, materials and approval by STRUCTA INDUSTRIES. The client will be billed for storage in the event of any late start to manufacture, or any special request by the client, which affects the delivery by more than 15 days. This storage cost will be €100 (excl. VAT) per booth per month, with any month started being considered as due. Any cancellation of delivery as well as any additional logistical services for transport and installation will be subject to additional invoicing, the rates for which are detailed in the Blabla-Cube logistical rates and for which the terms of payment and the consequences of non-payment will be equivalent to those specified in the PAYMENT section of these T&Cs. Please note that in the event of cancellation, the specific rates are as follows: Within 2 days = 50% of logistics costs and within 1 day or same day = 100% of logistics costs
STRUCTA INDUSTRIES takes care of any assembly and installation of the furniture. To carry out these services, STRUCTA INDUSTRIES may call upon external service providers of its choice. In the event of lack of conformity or damaged furniture and accessories, STRUCTA INDUSTRIES will do its best, depending on the situation, to ensure that the goods in question are replaced and/or completed as soon as possible, without it being held liable for any shortcomings on the part of its suppliers and/or service providers or for the customer being able to claim any compensation or cancellation of the order. Once the furniture has been delivered to the Client's premises, the customer is responsible for any damage to the furniture and accessories delivered, as the risks are transferred to the Client upon delivery. On delivery of the order, the Client must check the conformity of the order delivered (in terms of reference and quantity) and sign the delivery note. In the event of any anomaly, the Client must indicate his/her reservations in as much detail as possible by making his/her observations in handwritten form accompanied by his/her signature and that of the carrier on the delivery slip and send them to the Company as soon as possible. Terms such as "subject to unpacking", "subject to proper functioning" or any other term that does not precisely indicate the delivery anomaly have no legal value and are therefore inadmissible. Any complaint made after delivery, in the absence of any reservation, may be rejected without possibility of redress by the Client. The absence of any complaint and/or reservations on the part of the Client at the time of delivery means that the product delivered is deemed to comply with the order and may not be contested at a later date. In the event that it is impossible to make any reservations due to the inappropriate actions of the fitters (non-exhaustive examples: refusal by the delivery person to note down and sign the reservations, hasty departure of the delivery person before the inspection, etc.), the Client must make a declaration against the carrier and send this to the Company with his observations in handwritten and signed form by post as soon as possible to the Company at the above address. The Client must provide the Company with the identity of the person who will have full capacity to receive the delivery, sign any document relating thereto and indicate any reservations or observations in the manner outlined hereinabove. If this designation is not made and sent to the Company within five (5) days following signature of the contract, or if the person is absent on the day of delivery, the delivery will be deemed to be compliant, without the Company being liable in any way whatsoever for any reason whatsoever in relation to the delivery. Any delivery constraints relating to the person of the recipient or access must be anticipated by the Client before delivery of the order. If delivery cannot take place because the Client is absent or because the roads are inaccessible, the costs of the new delivery will be invoiced additionally, before re-delivery. In any event, the cost of delivery and redelivery, where applicable, shall be borne by the Client. The delivery period runs from the day on which payment is received from the Client. Delivery lead times are given as an indication only. However, any delay in delivery that is not the exclusive fault of the Company, such as force majeure or the fault of a third party, shall not give rise to liability on the part of the Company, nor give rise to damages, withholding or order cancellation. Consequently, the Client expressly accepts that it may not hold the Company liable for delays caused by the Company's suppliers or other parties involved in the performance of the Company's services. The Client also expressly accepts that it will not be able to seek the Company's liability when the delays are the consequence of its delays in making payments due to the Company in performance of the contract. In any event, delivery on time can only take place if the Client is up to date with its obligations towards the Company. Custody of the product and the associated risks (deterioration, theft, loss, total/partial destruction, damage that may be caused by the product, etc.) are transferred to the Client as soon as the product is handed over to the latter or as soon as the product is collected by the carrier, whatever the cause of the damage and even if it is due to any fortuitous incident or case of force majeure. Any special delivery requirements must be specified before the quotation is signed and may give rise to additional logistical costs and lead times.
The delivery and installation services provided for in the order confirmation are carried out by default and unless otherwise specified in the order confirmation, in a single phase, at the place designated in the order confirmation, and on the date mutually agreed between the client and STRUCTA INDUSTRIES. The services subscribed include a single visit. They do not include any travel or additional services notwithstanding any indication to the contrary. Any additional logistical services linked to logistical conditions will be subject to additional invoicing, the pricing of which is detailed in the present price list and for which the payment conditions and consequences of non-payment will be equivalent to those specified in the PAYMENT section under article 4 of these T&Cs.
In the event of collection by the client, STRUCTA INDUSTRIES' liability ends when the products are collected from our warehouses. If you subscribe to the Comfort Package (delivery without installation), delivery will only be made to a logistics warehouse with heavy handling equipment.
Any cancellation of delivery and any additional logistical transport and installation services will be subject to additional invoicing, for which the terms of payment and the consequences of non-payment will be equivalent to those specified under article 4 of these T&Cs.
Shipping terms will be determined and negotiated specifically for each client before dispatch. The collection date or installation appointment must be scheduled in advance.
All supplies, including transport costs, will be delivered to the ground floor of buildings and to sites equipped with unloading bays. Additional charges will be applied for delivery to upper floors (floors on foot or requiring the use of a furniture lift) in the absence of a lift or goods lift capable of receiving our packages, the dimensions of which are specified in our technical data sheets.
Special delivery requirements must be indicated on the Blabla-Cube logistics information sheet required at the time of ordering and may result in additional logistics costs and lead times. An order is considered valid on receipt of this carefully completed form, as well as receipt of the order form, the deposit and the approved order confirmation. The order process can only begin once all the order documents, including the logistics information sheet, have been received. The client must provide STRUCTA INDUSTRIES with all information required to carry out the services specified in the quote, in particular: the layout of the delivery sites and the conditions of access to the premises for personnel and vehicles (parking facilities, corridors, doors, staircases, goods lifts, work in progress and/or any other particular information). For orders for several cabs, a detailed layout plan specifying the desired location for each model ordered will also be necessary. Depending on the configuration of the order, there may be differences in weight, measurements and volumes.
The installation services provided for in the quotation are carried out in a single session, at the location designated in the quotation, and on the date fixed by mutual agreement between the client and STRUCTA INDUSTRIES. The services subscribed include a single visit. They do not include any travel or additional services. Any additional logistical services linked to logistical conditions will be subject to additional invoicing, the pricing of which is detailed in the present price list and for which the payment conditions and consequences of non-payment will be equivalent to those specified in the PAYMENT section under article 4 of these T&Cs.
The cabins must be installed on a site where there is no co-activity and where all the finishing work has been completed. On projects where there is a risk of damage to the cabins by other tradesmen, acceptance of the installation before the end of the worksite may be required.
The power supply for the booth must be ready and operational on the date of installation. If this is not the case, no test of the booth's correct operation can be carried out and STRUCTA INDUSTRIES will decline all responsibility for electrical non-conformity and will refuse any new connection or after-sales service related to this.
ARTICLE 6 – Special production :
STRUCTA INDUSTRIES offers the possibility to manufacture special products after prior notification of the Sales Representative Department, who will indicate whether this is feasible, as well as the price and approximate date of production. Orders for special products are only fulfilled after approval by the client, and are not eligible for any reimbursement, cancellation or modification. Any additional costs incurred by any of the above instances will be included in the final invoice.
ARTICLE 7 – Warranty :
STRUCTA INDUSTRIES offers a three year warranty against any manufacturing defects following the date of invoicing. This warranty does not cover interior covering or electrical components for which the warranty is for 2 years. The warranty also excludes all special products or options requested by the client. The warranty consists of the repair or replacement of parts or accessories STRUCTA INDUSTRIES will cover the repair costs of any non-compliant components.
These costs do not include shipping. The warranty does not include natural wear and tear or ageing of materials as well as damages caused by negligence, misuse, abuse and/or accidents. The warranty does not include stains or wear and tear to fabrics caused by clothing. The warranty ends when the booth is no longer used under normal conditions. Any dismantling/reassembly or modification of the cabins will invalidate the manufacturer's warranty.
ARTICLE 8 – Modification and cancellation of products :
STRUCTA INDUSTRIES reserves the right to amend its products to improve their quality, security or aesthetic value, provided that the fundamental product characteristics remain unaltered. STRUCTA INDUSTRIES reserves the right to remove any product from its catalogue without prior notice.
ARTICLE 9 – Liability:
In the event of difficulties, it is up to the client to prove that STRUCTA INDUSTRIES has failed to fulfil its obligations. In the event that STRUCTA INDUSTRIES is held liable for breach of any of its obligations, the client acknowledges and accepts that STRUCTA INDUSTRIES will never be liable for indirect or immaterial damages such as commercial disruption, loss of opportunity, loss of image. In the event of direct damage, the liability of STRUCTA INDUSTRIES shall, by mutual agreement, be limited to the sums actually paid by the client in connection with the order places. STRUCTA INDUSTRIES shall not be held liable for failure to fulfil any of its obligations if such failure is caused by an event of force majeure as defined by French case law. The following are expressly considered to be cases of force majeure: total or partial strikes inside or outside the parties, bad weather, epidemics, blockages in means of transport or supply, earthquakes, fires, storms, floods, government or legal restrictions, blockages in telecommunications networks and services and, more generally, any other event beyond the express control of the parties that prevents the normal performance of this contract. In the framework of a sale of moveable goods, the Client benefits from the legal guarantee in accordance with articles 1641 to 1648 of the French Civil Code. The guarantee does not cover normal wear and tear or minor imperfections that are obvious at the time of delivery. Any action arising from redhibitory defects must be brought by the purchaser within two years of discovery of the defect (article 1648 (1) of the French Civil Code). In order to assert his rights, the client must inform STRUCTA INDUSTRIES, by registered letter with acknowledgement of receipt, of the existence of defects or lack of conformity.
The Client should notify any non compliance of merchandise within two working days following receipt, by way of a written notice sent to STRUCTA INDUSTRIES, indicating the reasons or nature of non compliance. Loss or damage to assets does not release the buyer from its obligation to pay the agreed price. In such instance as it is necessary to send components or finished products to resolve any dispute, the material will be sent using the despatch method indicated by STRUCTA INDUSTRIES.
- Damage caused by shipment:
All STRUCTA INDUSTRIES shipments include insurance against loss in transit. STRUCTA INDUSTRIES will only be liable if the following conditions are fulfilled:
1) The delivery is paid for by STRUCTA INDUSTRIES / 2) The agency has been designated by STRUCTA INDUSTRIES / 3) At the time of delivery it is indicated in the agency's delivery note that damage is visible or products are missing. 4) After due and proper observation of damages, STRUCTA INDUSTRIES should be notified within 24 hours.
If these conditions are not respected, STRUCTA INDUSTRIES will no longer be able to claim damages against the shipping agent and, consequently, payment must be made for the products by the buyer up to the total invoice amount. We kindly request therefore that you inspect all merchandise upon delivery.
Where shipping is not organised by STRUCTA INDUSTRIES or the shipping agent has been chosen by the client, STRUCTA INDUSTRIES will not be liable for any damages caused by shipping. Any dispute for damages caused during shipping will not lead to the entitlement to defer payment of invoices in whole or in part.
- Complaints for any variation in tones and colours of materials:
Despite all best efforts to ensure the colour of fabrics, wood and other materials match, there may be some colour or tone variations in relation to shading and images. Time and environmental conditions may cause slight variations in the colour and tone of materials, wood and other materials. For this reason, there may be some differences in the tone between various fabrics or wood used in the product. There may also be some differences between products manufactured on different dates. STRUCTA INDUSTRIES will not accept any product returns due to any change in the shade of fabrics, woods or other materials. Wood may have knots or veins of different colours which are not entirely uniform, meaning that some parts may vary.
- Fabric covered articles :
Articles which are covered with light colours, notably white, mean that any sort of stain is more visible and difficult to remove, primarily due to colourings used in clothing. Given that it is not possible to clean these fabrics, STRUCTA INDUSTRIES may not be held liable for any such stains.
- Weight and dimensions :
The weights and dimensions indicated in the price list may contain slight errors or be changed without notice in the event of any improvement to the STRUCTA INDUSTRIES manufacturing processes. If the accuracy of this data is important, the customer is advised to contact the customer or sales department to check its accuracy. Any returns of merchandise for this reason will not be accepted.
- Oxidisation of metal parts:
All of our products are made for use indoors in a non-humid environment. STRUCTA INDUSTRIES is not liable for any early damage to metal structures used outdoors or subject to extreme salt-rich environments.
- Oxidisation of metal parts:
Our cabins are made of wood panels that are likely to react to the environments in which they are placed. All of our products are made for use indoors in a non-humid environment. STRUCTA INDUSTRIES is not responsible for the premature deterioration of wood panels and solid studs in outdoor installations or in environments subject to high humidity.
- Runners and casters:
For all of our models, we have different types of runners and casters which may be adapted to all types of flooring. STRUCTA INDUSTRIES is not responsible for any damages caused to flooring. The client is responsible for choosing the most suitable solution for each intended use.
CAUTION
Under no circumstances do we accept returned merchandise without the prior acceptance of STRUCTA INDUSTRIES. We decline all responsibility for returned merchandise which remains at the client’s risk. STRUCTA INDUSTRIES will replace or repair any non-compliant products paying costs without accepting any liability.
STRUCTA INDUSTRIES waives all liability for any commercial loss and/or other losses of any nature which may result from defective products.
ARTICLE 10 – Maintenance and upkeep of materials
FURNITURE FABRICS:
STRUCTA INDUSTRIES proposes in its catalogues a wide range of furniture fabrics, manufactured by leading companies in the sector. Fabrics must be dry cleaned only. ***Important notice: STRUCTA INDUSTRIES is not responsible for any stains or colour transfers from user clothes onto the furniture fabrics. This may notably occur on light-coloured fabrics.
METAL AND GLASS SURFACES
Under no circumstances should any sponges, tissues or abrasives be used. Cleaning should be undertaken as follows:
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Surfaces should be used using a damp cloth with a neutral soap. Surfaces should be dried following cleaning.
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Clean using a water and alcohol-based solution.
PAINTED OR LACQUERED WOOD SURFACES AND UNIT PANELS
In case of any stain, STRUCTA INDUSTRIES recommends cleaning surfaces using a damp cloth and soft soap and then drying using a dry cloth. You can also use specific wood cleaning products.
ARTICLE 11 – Retention of title - transfert of risk
STRUCTA INDUSTRIES reserves, until full payment of the price by the client, a right of ownership on the goods sold, allowing it to repossess said goods. The Client consequently undertakes not to resell or pledge the goods until the price has been paid in full. STRUCTA INDUSTRIES retains ownership of the goods sold until full and effective payment of the price, in principal and ancillary costs. Failure to pay may result in the claim of part or all of the goods up to the amount of the sums due or to fall due. Any deposit paid by the client shall remain the property of STRUCTA INDUSTRIES as a lump-sum compensation, without prejudice to any other action that STRUCTA INDUSTRIES may take against the client as a result. These stipulations do not prevent the transfer to the customer, upon delivery, of the risks of loss and deterioration of the goods purchased, as well as any damages which they may cause.
ARTICLE 12 – Obligations of the Client :
The Client hereby undertakes to cooperate in good faith with STRUCTA INDUSTRIES to enable it to perform its services properly. The Client also undertakes to immediately communicate, at the request of STRUCTA INDUSTRIES, all elements and information that STRUCTA INDUSTRIES deems necessary for the execution of its obligations, in particular to enable it to respect the agreed schedule. The Client undertakes to allocate the resources and personnel necessary for the proper performance of the contract by appointing a project manager. The client shall record in writing any information relating to its premises or furnishings that may have an impact on the conditions or terms of STRUCTA INDUSTRIES' intervention. This document will be given to STRUCTA INDUSTRIES at the time of the order via the logistics information sheet. The client and STRUCTA INDUSTRIES agree to maintain loyal relations and in particular to refrain from making any comments that could cause harm or damage to their professional image, reputation or credibility, without any time limit. The Client undertakes to pay for the services at the rate specified in the quote.
ARTICLE 13 - Termination :
In the event of non-compliance by either party with the obligations stipulated in the articles of this contract, the contract may be terminated at the discretion of the aggrieved party. It is expressly understood that this termination for failure by a party to fulfil its obligations will take place ipso jure fifteen days after receipt of a formal notice to perform, which has remained wholly or partially without effect. The formal notice may be served by registered letter with acknowledgement of receipt or by any extrajudicial act. This formal notice must state the intention to trigger this clause. In any event, the injured party may apply to the courts for damages. In the event of termination of a fitting project, the customer will retain the results of the services carried out up to the date on which the termination takes effect, subject to full payment of the price of the said services. Furthermore, the client will not be able to request any reimbursement for services rendered on the date of cancellation.
ARTICLE 14 - Intellectual property - Commercial references:
STRUCTA and BLABLA-CUBE are trade names owned by the Company, in addition to their respective logos. They are the exclusive property of the company and may not be used without its prior consent. Any link with a commercial activity without prior agreement is strictly prohibited. STRUCTA INDUSTRIES remains the owner of all intellectual property rights on studies, drawings, 3D visuals, photographs, illustrations or any other content produced for the purpose of providing services to the client. The client is therefore strictly prohibited from reproducing or using said documents without the express, written and prior authorisation of STRUCTA INDUSTRIES. The client hereby authorises STRUCTA INDUSTRIES to take photos and videos of the interior at all stages of the work and after delivery, and to use them for promotional purposes on all current and future paper and digital media (website and social networks) without delay. The client authorises STRUCTA INDUSTRIES to use his name and the creations made for him as a commercial reference as soon as this contract is signed and for an unlimited period of time.
ARTICLE 15 - Insurance :
STRUCTA INDUSTRIES has taken out civil and professional liability insurance with MMA ASSURANCE. The client of STRUCTA INDUSTRIES declares that he/she holds professional indemnity insurance. It is the sole responsibility of STRUCTA INDUSTRIES' clients to check that the insurance policies of the service providers working on site cover the work requested.
ARTICLE 16 - Waiver - Partial invalidation :
The fact that STRUCTA INDUSTRIES does not avail itself of any of the clauses herein at a given time shall not constitute a waiver of its right to avail itself of the same clauses at a later date. If one or more stipulations of these general terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope. In the event of any dispute regarding the validity, execution or interpretation of this agreement, the parties undertake to resolve the issue out of court. However, if the parties fail to reach an agreement through negotiation, the parties agree that any dispute, disagreement or claim resulting from implementation or interpretation of this agreement or in relation herewith, directly or indirectly, will be resolved by a judge.
ARTICLE 17 - Applicable law - Dispute resolution - Jurisdictional clause:
These General Terms and Conditions and any transactions arising from them are governed by French law. Any dispute that could not be resolved amicably between STRUCTA INDUSTRIES and its client will be submitted to the competent courts under the conditions of common law. A change in legislation or regulations or a court decision rendering one or more clauses of these T&Cs invalid shall not affect the validity of these T&Cs. Under no circumstances may such a change or observation allow the Client to fail to comply with the T&Cs. If a condition is not mentioned, it will be considered to be governed by current legislation and usage.
ARTICLE 18 - Personal data:
The collection of certain personal data from the client is essential for STRUCTA INDUSTRIES to carry out its missions. The personal data collected from clients is processed by STRUCTA INDUSTRIES. They are recorded in its customer file and are essential for processing the order. This information and personal data are also kept for security purposes, in order to comply with legal and regulatory obligations. It will be kept for as long as is necessary for the fulfilment of orders and any applicable guarantees. STRUCTA INDUSTRIES is responsible for data processing. Access to personal data will be strictly limited to employees of the data controller who are authorised to process such data by virtue of their duties. The information collected may be communicated to third parties linked to the company by contract for the performance of sub-contracted tasks, without the customer's authorisation being required. In the course of providing their services, third parties have only limited access to the data and are obliged to use it in accordance with the provisions of the applicable legislation on the protection of personal data. Aside from in those instances indicated above, STRUCTA INDUSTRIES will not sell, rent, transfer or give access to third parties to the data without the prior consent of the client, unless compelled to do so for a legitimate reason.
ARTICLE 19 - Election of residence:
For the purpose of performance of its contracts and these T&Cs, STRUCTA INDUSTRIES elects its registered office as its place of residence, ZA Plaine de Clairac, 35 Rue Louis Blériot, 26760 Beaumont-lès-Valence, France.