General Sales Conditions
The language of this contract is French and the contract will be signed in french. This english version is only a translation provided to help the buyers that are not french speakers.
These General Conditions of Sale govern the commercial activity of RESTOOTAB. Restoootab is a trademark of SARL Loha Concept, with a capital of 100,000 euros, whose head office is located at 1560 Chemin de La Trucarié 81300 GRAULHET, registered with the RCS of CASTRES under number 899708242, contact phone: 06 14 36 91 90, email: info @lohaconcept.com (the Seller).
Article 1 – Scope
In accordance with Article L 441-6 of the Commercial Code, these general conditions of sale (GCS) constitute the sole basis of the commercial relationship between the parties. Their purpose is to define the conditions under which the Seller provides professional buyers (the Buyer or Buyers) with the following products (Products):
– All the Products offered by the Seller.
The GCS apply without reservations or restrictions to sales concluded between the Seller and the Buyers, regardless of the stipulations that may appear in the general conditions of purchase possibly established by the Buyers.
Any order of Products implies acceptance by the Buyer of the GCS.
The fact that the Seller does not take advantage of any of the clauses contained in these GCS cannot be interpreted as a waiver to take advantage of them later.
The Seller may agree with a Buyer on special conditions of sale derogating from the GCS.
These GCS are in force for an unlimited period, until any modifications made by the Seller.
Article 2 – Orders
2.1 – Ordering methods
Orders can be placed by Buyers with the Seller by any means: directly at the company’s headquarters, by telephone, by e-mail, through representative sellers and through the online store www.restootab.com .
Sales are only final, even if made through sales representatives or employees, after express written acceptance by the Seller of the order issued by the Buyer. This acceptance may be materialized by sending an email, a text message or a letter.
Orders must be confirmed in writing, by means of an order form duly signed by the Buyer after verification of the conformity of his order.
The payment of the deposit requested is worth signing the order form.
An order can only be validated after payment of the agreed deposit.
2.2 – Product availability
The products are offered within the limits of available stocks. However, in the event of the unavailability of one or more products, the Buyer will be informed by the Seller, by e-mail or by telephone upon receipt of the Seller’s information by its suppliers.
The Buyer may replace the out-of-stock product(s) with equivalent product(s) or request the cancellation of the only product(s) missing( s).
Under no circumstances can the Seller be held responsible for any unavailability of Products or its possible consequences, once the Buyer has been informed as indicated above. The Buyer cannot claim damages or price reduction.
2.3 – Minimum amount
No order for an amount less than 500 euros excluding tax will be accepted by the Seller.
If the Buyer wishes to modify his order, his request can only be taken into consideration if it is received in writing by the Seller before the Products are dispatched and if it is expressly accepted by the Seller.
Article 3 – Rates
3.1 – Price details
The Products and Services are provided at the prices in force on the day the order is placed or in the specific commercial proposal possibly sent to the Buyer. The prices are firm and non-revisable throughout their period of validity, indicated by the Seller.
The prices indicated on paper media or digital media such as marketplace platforms, are given for information only, may vary at any time, and may not be updated on certain media other than the Seller’s own Website. The price applied is therefore that appearing in the relevant “product sheet” on the Seller’s Website www.restootab.com on the day of the order, regardless of the channel through which it is made.
The applicable VAT is the VAT in force on the day the order is placed, any change in the rate on the day of delivery may be passed on to the price of the Products.
For deliveries on French territory, the price of the Products is increased by the eco-participation at the rate in force.
Any tax, duty or other service to be paid in application of French regulations or those of an importing country or a country of transit are the responsibility of the Buyer.
Prices are in euros and do not include:
– Transportation
– Insurance
– Any customs fees
3.2 – Discount
No discount will be applied by the Seller in the event of payment for the Products ordered before the payment date appearing on the invoice or within a period shorter than that provided for in the GCS.
Article 4 – Discounts and rebates
The Seller does not grant Buyers any discount or rebate, regardless of the quantity or regularity of orders.
Article 5 – Methods of payment
5.1 – Terms of payment
For any order, the Buyer will pay the price of the Products ordered by:
– Bank transfer
Sales are final after payment of a deposit to the Seller, the amount of which is specified on the order form. It represents a percentage of the total invoice price. The goods are only dispatched after full payment of the invoice.
5.2 – Non-payment, cancellation of the sale
The buyer duly notified of the availability of the goods, who would not have paid the balance within 30 days, would see his order canceled without restitution of the deposit previously paid.
5.3 – Late penalties
By way of derogation from the general payment conditions and in the case of invoices payable on the due date; any delay in payment by the Buyer may cause the Seller to suspend all orders in progress, without prejudice to any other course of action.
Any amount not paid on the agreed due date automatically entails, without formality or formal notice, from the day following the payment date provided for on the invoice, the application of late payment penalties of an amount equal to the rate applied by the European Central Bank to its most recent refinancing operation increased by ten points.
A lump sum compensation for recovery costs of a sum of 40 euros will also be due, automatically and without prior notification to the Buyer. The Seller reserves the right to ask the Buyer for an additional sum if the collection costs incurred exceed this amount.
Article 6 – Right of withdrawal
A priori the Seller is only intended for professionals and consequently, the right of withdrawal does not apply.
The right of withdrawal does not apply in any case to custom-made Products.
By way of exception, the right of withdrawal is extended to professionals who meet the following conditions: professionals who have concluded off-premises contracts when the subject of these contracts does not fall within the scope of the main activity of the professional solicited and that the number of employees employed by it is less than or equal to five.
6.1 – Period of use of the right of withdrawal
In accordance with the legal provisions in force (article L.221-18 of the Consumer Code), the Customer has a period of 14 days from delivery to exercise his right of withdrawal without having to justify reasons or to pay penalty.
6.2 – Terms of withdrawal
In the event of exercise of the right of withdrawal within the period referred to above, only the price of the product(s) purchased and the shipping costs will be reimbursed, the return costs remaining the responsibility of the Buyer.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold in new condition. In the event of depreciation of the product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the product, the responsibility of the Buyer may be engaged. It is understood that the Buyer will bear the cost of returning the Product in the event of withdrawal. If the previous obligations are not carried out, the Buyer will lose his right of withdrawal and the Product will be returned to him at his expense.
The Buyer may exercise his right of withdrawal by sending an email with acknowledgment of receipt to info@lohaconcept.com
Article 7 – Delivery
As delivery times may differ depending on the Products ordered, they are specified on the order form signed by the Buyer for each Product or category of Products.
This period does not constitute a strict deadline and the Seller cannot be held liable in the event of a delay in delivery not exceeding a period of 30 days. In the event of a delay of more than 30 days, the Buyer may request the resolution of the sale and any deposits paid will be returned to him by the Seller.
The responsibility of the Seller can never be engaged in the event of delay or suspension of the delivery if this is attributable to the Buyer or to a case of force majeure.
Article 8 – Transportation
The Buyer acknowledges that it is up to the carrier to make the delivery. The Seller has fulfilled its obligation to deliver when it has delivered the Products ordered to the carrier, which has accepted them without reservation.
The Buyer is required to check the condition of the Products upon delivery. In the absence of reservations or complaints concerning a delay, loss, damage or non-compliance of the Products or their packaging delivered with the order, expressly issued and formulated by the Buyer to the carrier on the delivery note, the Products will be deemed conform in quantity and quality to the order. The Buyer shall attach to its reservations or complaints all the supporting documents relating thereto.
Article 9 – Returns
The Seller is authorized to refuse returns of Products from the Buyer.
Article 10 – Packaging
The packaging on which the Seller’s brand and/or name appears can only be used for the Products and in no case for products that are not its own.
Article 11 – Transfer of ownership
The transfer of ownership takes place upon delivery of the goods to the carrier.
Article 12 – Retention of title
The goods remain the property of the seller until full payment of the price.
Article 13 – Liability – Guarantee
13.1 – Warranty
Buyers benefit from the legal guarantee of eviction and hidden defects.
No additional contractual guarantee is provided for the benefit of the Buyer, who may only rely on the legal guarantees stipulated above.
No guarantee can apply in the absence of full payment of the sums due by the Buyer to the Seller.
Excluded from the warranty are any Product defects that may result from improper installation, improper storage or assembly, lack of maintenance, improper use, modifications or repairs carried out by the Buyer or a third.
Also excluded from the warranty are damage to the Product resulting from its normal wear and tear due to its nature, function and composition.
13.2 – Limitation of liability
The Seller’s liability can only be engaged in the event of gross negligence, intentional or fraudulent. In all other cases, the Seller’s liability can never be sought or engaged by the Buyers.
The Buyers guarantee and indemnify any actions for liability against the Seller by third parties to the contract.
In any event, the Seller’s liability, if engaged, may not exceed the value of the Products covered by the contract concluded with the Buyer.
The Seller cannot be held responsible for any difficulty in accessing its Website www.restootab.com, any disruption or interruption during or after the connection to its Website and any possible consequences related to the use of its Website.
Article 14 – Intellectual property
The Seller holds all the intellectual property rights over its products, with the exception of the rights held by its partners and/or suppliers over their products.
No assignment of intellectual property rights is made through these T&Cs. Any reproduction, even partial, modification or use of these elements protected by a private right for any reason whatsoever, if it is not accompanied by the express and prior authorization of the Seller, is strictly prohibited and will constitute a counterfeit act.
Article 15 – Eco-participation
The Seller is a member of VALDELIA eco-organization approved by the public authorities and is in compliance with the regulatory obligations incumbent on it.
In accordance with the regulations, the Seller shall show on the sales invoices and on its Website the unit costs incurred for the management of furniture item waste, corresponding to the amounts of the contributions paid per item of furniture to VALDELIA. For more information on the terms and the drop-off points closest to you, visit www.valdelia.org
Article 16 – Applicable law – Disputes – Processing of complaints – Mediation
Applicable law: This contract is subject to French law. The language of this contract is French and the contract has been signed in french. This english version is only a translation provided to help the buyer that are not french speakers. In the event of a dispute, the French courts will have sole jurisdiction.
Processing of complaints: For any complaint, you can contact customer service using the contact details mentioned in the preamble to these conditions.
Attribution of jurisdiction: Any dispute resulting from the formation, interpretation or execution of this contract will be the exclusive jurisdiction of the courts within the jurisdiction of Castres notwithstanding multiple defendants or warranty claims.
In the event of difficulty arising during the ordering or delivery of items sold on the Site, the Buyer will first contact LOHA CONCEPT to seek an amicable solution. The Buyer has the option of using a conventional mediation procedure or any other alternative method of dispute resolution.