General conditions of sale
a/ Publisher identification:
• Trading title : EURL LOIRE FONDERIE
• Registered office : 19 chemin de la barre Z.I. la boissonnette
• Post code : 42110
• Town : FEURS
• Country : France
• Telephone : +(33) 04 77 26 23 99
• Fax : +(33) 04 77 27 09 26
• E-mail : mlecole@martin-lecole.fr
• Website : http://www.martin-lecole.fr
b/ Hoster of website www.martin-lecole.fr :
The website is hosted by Create-in in France.
Registered Office
44 chemin Charles de Coulomb
42 170 St Just St Rambert
Phone: 04 77 55 67 17
c/ Details of general conditions of sale:
ARTICLE 1 - SCOPE
Art. 1.1These general conditions of sale relate to the relation between EURL LOIRE FONDERIE for the products or services of the MARTIN LECOLE trademark – craftsman, designer, foundryman (hereinafter referred to as "MARTIN LECOLE") and any person (hereinafter referred to as "the customer") requesting an estimate or information via the website accessible from the address: www.martin-lecole.fr and any address sent to this website.
Art. 1.2 This website www.martin-lecole.fr ("the website") is set up by Martin LECOLE, limited liability company with capital of €7,000, registered in the trade register under number 421 938 168 000 26, whose registered office is at 19 chemin de la barre Z.I. la Boissonnette 42110 FEURS
Phone: +33 04 77 26 23 99
Fax : +33 04 77 27 09 26
e-mail: mlecole@martin-lecole.fr
VAT: FR 18 42 193 81 68
Art. 1.3These general conditions relate to all the articles presented on the Website, it being understood that these offers are reserved for individuals aged 18 and over and professionals. The terms of delivery are shown in "article 6" of this document.
Art. 1.4 As the general conditions are likely to be changed or updated, the conditions relating to an article on the Website are those in force as on the day of order.
Art. 1.5 These general conditions of sale, as well as the prices are expressly agreed and accepted by the Customer who declares and acknowledges having full knowledge of them and thereby waives availing of any other contradictory document as the act of purchase vouches for the acceptance of these general conditions of sale. No prix can be consulted on the website, these are forwarded on request for estimate filed by the customer.
ARTICLE 2 - IINFORMATION RELATING TO THE ARTICLES
The products proposed on the Website are understood as subject to availability on receipt of the order form and shall not be taken into consideration before receipt of payment as stated in article 5.
In the event of shortage of stock on receipt of the order and if the conditions of article 5 are met, the delivery time shall be substantially longer by a few weeks with respect to orders where the product is already in stock.
Given the possible finishes and the personalised aspect of each product, it is to be understood that a production time is required on receipt of the order provided the conditions of article 5 of this document are adhered to.
Estimates proposed under the "Martin LECOLE" trademark specify the delivery time from date of receipt of signed order forms subject to the conditions of article 5 being adhered to.
When going on line, while providing the utmost of care and highest precision to the information, the descriptions of the products and the data available on the Website as well regular updating of this, EURL Loire Fonderie holder of the "Martin LECOLE" trademark shall not be held responsible for any non-substantial errors that may occur.
The photographs and other reproductions of the products are true representations of the latter on the Website within the technical limits and adhering to the best standards n the market. As a consequence, our responsibility shall not be involved in the event of a non-substantial error in one of these photographs or one of these texts.
ARTICLE 3 - ORDER FOR PRODUCTS OR SERVICES (YOUR PROJECTS)
In order to execute an order, the customer must first of all request an estimate. A request for estimate can be made in several ways:
- By the contact form on the website http://www.martin-lecole.fr
- by telephone +33 04 77 26 23 99 (Monday to Thursday 8.00 a.m. to 6.00 pm. and Friday 8.00 a.m. to 12 noon)
- by fax +33 04 77 27 09 26
- by e-mail mlecole@martin-lecole.fr
Art. 3.1How to use the contact formt.
Just click on the contact tab on the website http://www.martin-lecole.fr and fill in the form adhering to the mandatory fields. A text zone is provided for you to specify the type of product and the options you would like. Then click on send and we will automatically receive your request for estimate. We undertake to reply to you as soon as possible.s.
Art. 3.2 Confirmation of estimate. Transformation to order
Further to your request for estimate as stated above, we will forward you an estimate as soon as possible re-stipulating the type of product, the price in euros, the options chosen with the price excl. tax and incl. tax as well as the carriage costs and the delivery time on receipt of the order. This estimate is drawn up either in French or English depending on the language selected on the website. If this meets with your expectations, in order to place an order you must return us this document bearing the wording "approved" either by fax +33 04 77 27 09 26, by e-mail mlecole@martin-lecole.fr or by post to EURL LOIRE FONDERIE 19 chemin de la barre Z.I. la boissonnette 42110 FEURS - France
Art. 3.3 In the event of an error in our estimate
If our estimate does not meet with your initial enquiry, you must inform us accordingly either by telephone +33 04 77 26 23 99, e-mail mlecole@martin-lecole.fr, fax +33 04 77 27 09 26 or post to EURL LOIRE FONDERIE 19 chemin de la barre Z.I. la boissonnette 42110 FEURS - France.
We would then propose you an amended estimate meeting with your requirements according to the same mode of transmission as stated above.
Art. 3.4 Acknowledgement of receipt of your order
EURL Loire Fonderie only acknowledges receipt of the order provided the estimate has been signed by the customer bearing the wording "approved" and the amount of the order has been paid (see article 5). This acknowledgement of receipt is sent in the form of an e-mail in French or English depending on the language selected on the website, to the e-mail address informed by the Customer. It contains a summary of the order, the invoicing address, the invoicing amount, the delivery address, the delivery time and the means of payment chosen by the customer.
ARTICLE 4 - PRICE OF PRODUCTS OR SERVICES (YOUR PROJECTS)
No price is shown on the Website. The prices are proposed on an estimate upon request from the customer either by e-mail, telephone, fax or via the contact form on the “Martin LECOLE” website and are in euros, including tax, including French VAT. They are to be understood as net, excluding carriage.
They can be modified at any time without notice, being subject to the rate of the dollar and raw materials and it being understood that the prices invoiced to the Customer are those in force as on the date of order.
For products shipped outside the European Economic Union, the price is automatically invoiced excluding tax.
The carriage costs are at the purchaser’s expense. A request for estimate must be issued by the customer in order to lay down the price of the products and the amount of the carriage. The carriage costs are stated in the estimate proposed to the customer under the “Martin LECOLE” trademark and shipments are made in packages with suitable packaging in order to guarantee the correct condition of the piece, on a value declared basis.
The carriage costs depend on the country of destination of the product as well as the type of product to be shipped.
It is specified that the fact that a product is featured on the Website does not vouch for it being available.
In the event of non-availability of the product(s) ordered, “Martin LECOLE” then specifies the delivery time required for the product in its estimate.
Any order registered on the Website and delivered outside Mainland France and Corsica may be subjected to customs duties.
These customs duties or taxes payable on delivery of the product are at the sole expense of the Customer who undertakes to make enquiries with the competent authorities.s.
ARTICLE 5 TERMS OF PAYMENT
The products or services purchased by the Customer by way of acceptance of the order form from the latter, may be paid for by cheque or bank transfer to the order of société Loire Fonderie.
The price is payable in full in one go on the date of the order regardless of the mode of payment unless subject to specific conditions.
Engineering work carried out for "your projects" bespoke services is a paid service. It is covered by an estimate submitted for customer acceptance. If the customer returns the estimate signed bearing the wording “approved” for this engineering, the latter undertakes to pay the full price in one go on the date of order regardless of the mode of payment, unless subject to specific conditions.
Art. 5.1 Payment by cheque
Customers can pay for any order exceeding 150 (one hundred and fifty) euros incl. tax by cheque provided the cheque is issued by a bank domiciled in France or Monaco.
The order is not processed until the cheque has been collected by EURL Loire Fonderie.
Bank cheques must be made out to "EURL Loire Fonderie" within a maximum of three (3) days from the date of the order. In this case, the Customer undertakes to enclose with its payment by cheque a copy of a piece of identity (identity card or passport) with the references of the order. These documents must be sent to the following address:
EURL LOIRE FONDERIE
19 chemin de la barre Z.I. la boissonnette
42110 FEURS - France.
Art. 5.2 Payment by bank transfer.
Customers can pay for orders by bank transfer as follows:
Order: EURL LOIRE FONDERIE
Bank code: 14265
Counter code: 00600
Account: 08772174283 Bank details: 43
Domiciliation: CE LDA ST ETIENNE
IBAN code: FR76 1426 5006 0008 7721 7428 343
Orders are not processed until the corresponding sum has been credited to EURL Loire Fonderie’s (holder of the “Martin LECOLE” trademark) account.
Orders shall not be considered as effective by EURL Loire Fonderie until the bank payment centres concerned have given their approval.
Furthermore, if EURL Loire Fonderie, holder of the "Martin LECOLE" trademark has doubts over the reliability of a payment, it is entitled to ask the customer for a proof of address and a photocopy of its identity card.
Failure to do so gives rise to the order being cancelled by EURL Loire Fonderie, holder of the “Martin LECOLE” trademark which undertakes to inform the Customer as soon as possible.
Art. 5.3 Delay in paymentt.
Any delay in payment with respect to the due date initially laid down on the invoice shall rightfully lead to interest for delay of 1.5 times the legal rate in force at the time. Default in payment may also rightfully lead to all outstanding sums becoming immediately payable and immediate cancellation of pending orders.
ARTICLE 6 - DELIVERY
The delivery address is that specified by the customer on the order process.
The Customer declares having informed the correct address as EURL Loire Fonderie’s (holder of the “Martin LECOLE” trademark) cannot be involved because of this.
EURL Loire Fonderie, holder of the “Martin LECOLE” trademark does its utmost to adhere to the delivery times stated on these estimates.
Nonetheless, we cannot be held responsible for the consequences due to a delay in delivery or a loss of packages caused by a third party or due to the customer or due to an unforeseeable and uncontrollable cause making up a case of force majeure.
ARTICLE 7 - WITHDRAWAL PERIOD
In compliance with the provisions of articles L.121-20 et seq. of the Consumer code, the Customer has seven (7) calendar days from receipt of the article ordered to retract without having to justify the reasons. The product must be returned to EURL Loire Fonderie in its original packing, in new condition, along with all its accessories, the original invoice and the customer bank details to the following address:
EURL LOIRE FONDERIE
19 chemin de la barre Z.I. la boissonnette
42110 FEURS - France.
This right of return does not relate to products executed to customer specifications or for the "your projects" service and no reimbursement shall be made for used or engraved products.
Reimbursements shall only be made by crediting the Customer’s bank account.
This dispatch shall only be made through the Post Office on a "declared value" basis, the dispatch or return costs are at the Customer’s expense. The Customer shall keep all proof of this return providing an exact date.
ARTICLE 8 -COMPLIANCE - GUARANTEE
Art. 8.1 If the products delivered to the Customer were not in compliance with the order, the Customer shall inform EURL Loire Fonderie accordingly as soon as possible by recorded post with acknowledgement of receipt producing all the information demonstrating this non-compliance. After approval from EURL Loire Fonderie, holder of the "Martin LECOLE" trademark, the Customer shall return the products in question, not used, in their original packing, in perfect condition, with the corresponding invoice and their bank details to the following address:
EURL LOIRE FONDERIE
19 chemin de la barre Z.I. la boissonnette
42110 FEURS - France.
The Customer must be in a position to provide proof of dispatch which it undertakes to make through the Post Office on a “declared value” basis. In the event of confirmed non-compliance, EURL Loire Fonderie, holder of the "Martin LECOLE" trademark undertakes to dispatch to the customer a product in compliance with its initial order and to bear the expenses of the return. In the event where it was not possible to return this product, EURL Loire Fonderie, holder of the "Martin LECOLE" trademark shall reimburse the customer the selling price already paid.
The selling price and return expenses shall be reimbursed by crediting the Customer's bank account.
Art. 8.2 Unless subject to a specific guarantee granted by EURL Loire Fonderie, holder of the "Martin LECOLE" trademark for certain determined products and for which the Customer has knowledge on receipt of order, EURL Loire Fonderie shall make good the foreseeable consequences of faulty material or workmanship in the product under the following conditions:
• the Customer must provide proof of the fault or defect affecting the product ordered
• when the fault or defect is established, i.e. namely when it is not due to incorrect use by the Customer, EURL Loire Fonderie, holder of the "Martin LECOLE" trademark may:
• repair the product at its own expense
• replace or reimburse the product.
ARTICLE 9 - FRENCH DATA PROTECTION
For the correct running of the remote sale services, EURL Loire Fonderie, holder of the "Martin LECOLE" trademark gathers personal data relating to its Customers. In compliance with the French data protection act n° 78-17 of 6th January 1978, amended by act n°2004-801 of 6th August 2004, the Customer has a right to access, rectify and oppose the personal data relating to it and may avail of this right from EURL Loire Fonderie by sending an e-mail to the following address: mlecole@martin-lecole.fr
or sending its request by letter to:
EURL LOIRE FONDERIE
For the attention of Mr Martin LECOLE
19 chemin de la barre Z.I. la boissonnette
42110 FEURS - France.
The NCITCL declaration number is:
ARTICLE 10 -INTELLECTUAL PROPERTY
The Website and the information making it up is the exclusive property of EURL Loire Fonderie, holder of the "Martin LECOLE" trademark. ui concède une licence d’utilisation au Client pour ses besoins personnels As a consequence, the customer refrains from reproducing or distributing all or part of the Website (logos, trademarks, images, graphics, designs and models, photographs, etc) under any form whatsoever.
This licence does not allow the Customer to use the Website or its components for commercial purposes.
Similarly, it is strictly prohibited, without express, written agreement from EURL Loire Fonderie, holder of the "Martin LECOLE" trademark, to create hypertext links to any one of the pages or any one of the components of the Website.
ARTICLE 11 - ACTS ATTRIBUTABLE TO THE CUSTOMER
EURL Loire Fonderie, holder of the "Martin LECOLE" trademark, cannot be held responsible for any loss or damage originating from delay or non-execution of its obligations under the terms of these conditions attributable to a case of force majeure. The following cases, besides those usually recognised by the jurisprudence of the French courts are expressly considered as force majeur: total or partial strike, namely of the postal services and means of transport and/or communication, flooding or fire, governmental restrictions, etc.
In addition, EURL Loire Fonderie shall not be responsible for non-execution or incorrect execution of its obligations attributable either to the Customer, or to acts that are unforeseeable and uncontrollable by a party outside the supply of the
ARTICLE 12 - MISCELLANEOUS
The fact that EURL Loire Fonderie does not oppose any one of these general conditions against the Customer shall not be construed as tacit waiver to the benefit of the said clause. If a clause of these general conditions becomes null and void or unenforceable, in full or in part, these general conditions shall remain in force with regard to the other surviving clauses and provisions of the clause considered.
ARTICLE 13 -APPLICABLE LAW – JURISDICTIONAL COMPETENCE
These general conditions of sale are governed by French law unless subject to other imperative provisions.
Any dispute likely to result from the construction or execution of these general conditions of sale shall be put before the exclusive competence of the Tribunal de Montbrison (Court of Montbrison) - France, unless subject to other imperative provisions.