Terms and Conditions (01/06/2020)

 

Commands

Any order implies the client unconditional acceptance of these terms of sale.
None of the provisions made in the purchase order or correspondence that we receive from our clients can therefore be waived, except as otherwise provided in specific and precise included in the text of our offers or acceptances of our term. The offers made by our sales teams are not legally binding only insofar as they have been confirmed in writing. These general conditions of sale are likely to be supplemented by categorical terms or conditions of sale as provided by the regulations.

Price

The prices mentioned on the site are provided for information purposes only evidenced by the prices indicated or communicated to the customer at the point of sale. Where applicable, any difference between indicated on the Site and the indicated release or the point of sale to a customer price, do not engage the responsibility of MCC.
The prices indicated in our offers are subject to conditions or a limited validity.
If market or orders involving sequential performance or staggered deliveries in time, our prices may be revised based on changes in the cost of labor, raw materials and transportation costs. Unless otherwise agreed in writing, our prices are always for goods sold and licensed from the factory or from our warehouse. All pricing terms of our products are available in our agencies.
Fee billing for the establishment of any bill may be deducted.

Delivery

The goods always travel at the risk of the customer, unless otherwise agreed in writing between the parties.
In case of delivery on site, the precise unloading place, which should be clearly specified by the customer on the order form, must be accessible by a roadway, safe and without risk. The customer must provide and support under its responsibility towards the maneuvers required for access and traffic on the site. We disclaim any responsibility if any damage should happen on this project by one of our vehicles, because of difficult access or improper ground. Unloading of goods is always the responsibility of the customer. Our Company will not be held responsible for the consequences of a delay or suspension of delivery due to causes beyond its control.

Warranty and Liability

Upon arrival, it is the client to recognize the condition of the goods prior to unloading and, if applicable, any reservations on the delivery and confirm those reservations to the carrier by registered letter with acknowledgment in 3 days after delivery. Unless otherwise agreed upon acceptance of the order or by application of a statutory provision, the goods delivered and accepted are not included.
In case of non-conforming delivery, all claims must be sent by registered mail with return receipt within eight days of receipt of goods letter.
The scope of our contractual guarantees does not exceed those of our manufacturers. These guarantees are valid subject to normal and proper use of goods, compliance with technical requirements (DTU) and manufacturers’ recommendations. In any event, our liability shall be limited to the amount of the order, excluding any other compensation of any kind whatsoever including excluding compensation for intangible harm that would be the consequence, direct or indirect, of the defective goods.

Tile and stone

For accessories tile, cast stone and natural stone, size, shades of color, appearance, structure, weight may be subject to variations inherent in their manufacture or their nature, fall within the usual tolerances. Samples or illustrations contained in our documents have no contractual value. Complaints regarding the apparent non-compliance of our goods are taken into consideration before laying. The storage and installation of wood and wood products with the need to control humidity of the atmosphere, the substrate and coating material.

Payment and retention of property

Our sales are payable in cash, unless otherwise provided, and without discount. In case of deviation from this mode of payment, the property in the goods is transferred to the customer until full payment of the price. However, the risks are transferred to the customer upon the provision of goods.
In case of return of goods under this clause, all amounts already paid by us will be retained as damages client. Disaster affecting the goods sold subject to retention of ownership, and remained unpaid, we reserve the right to ask the client to transfer the benefit of our insurance paid by the customer compensation insurer.
The acceptance of bills of exchange does not constitute novation or derogation to the above clause above.

Express termination clause

The refusal of acceptance of bills of exchange or payment default of an effect at maturity or check cashing it makes due immediately our entire debt without prior notice. Fault by the defaulter to pay the amount due immediately, all sales that we have with him and have not yet been fully paid, will find themselves resolved automatically 24 hours after notice by a simple letter informing our desire to avail ourselves of this clause, and has remained unheeded. The resolution will be acquired by mere lapse of time. By express agreement, we will be entitled to proceed to the immediate return of goods subject to the sales or simply by order of the President of the Court where the registered office of our company acting in chambers, or the will of the seller, President of the Court of the place where the goods in question.
We reserve Furthermore, the right to suspend or cancel the contracts and orders in progress and may seek damages.

Payments and terms

When taking control a deposit of 30 percentage points of total order is required.

Our invoices are payable in cash, unless otherwise provided, and without discount.
Any delay in payment with respect to the agreed settlement date will automatically lead to the application of penalties for late payment equal to the interest rate applied by the European Central Bank to its operation in the most recent refinancing rate plus 10 percentage points, due the day following the settlement date. The rate applicable during the first half of that year is the rate in force on 1 January this year. For the second half of the year concerned, the rate applicable shall be that in force on 1 July of the same year. _ Any professional in a situation of late payment debtor is right, for us, a lump sum for recovery costs 40 euros.
In case of late payment, we reserve the right to suspend or cancel pending orders without prejudice to any other remedy and to require the payment of all our debts due or accruing as of right and without prior notice.

Penalty clause

By express agreement, except deferral granted by us, failure to pay by the deadline will result, regardless of the payment method provided a contentious procedure and the application of an indemnity equal to 15   % of the amount, which will be added to the court costs and legal interests.

Miscellaneous

During the execution of a contract or order, before or during the delivery, we reserve the right to ask the customer good and solvent bond prices or accessories made to do, and in case of refusal, terminate the contract or order. The customer, under penalty of inadmissibility, must make any dispute regarding billing in writing within 15 days of receipt of the invoice. The order and the present general conditions of sale that are an integral part are governed by French law.

IN THE EVENT OF A DISPUTE WITH ACTING AS PROFESSIONAL CLIENT, THE COURT OF COMMERCE PLACE OF OUR HEADQUARTERS WILL HAVE SOLE JURISDICTION NOTWITHSTANDING MULTIPLE DEFENDANTS AND / OR THIRD PARTIES, EVEN FOR EMERGENCY OR PROCEDURES FOR THE PROTECTION INTERIM OR REQUEST.