General terms and conditions of sale
PREAMBLE
The purpose of the present General Terms and Conditions of Sale (hereinafter the “GTC”) is to specify the terms and conditions of sale of the products (hereinafter “the Product(s)”) offered by CITE CONCEPT 2.0 and any services that may be associated with them, and in particular installation services for the Products (hereinafter “the Service(s)”), intended for any public purchaser and private individual or legal entity, acting within the context of its professional activity (hereinafter “the Customer”).
ARTICLE 1 – Application and enforceability of the GTC
These GTC are brought to the attention of the Customer throughout the ordering process and on the CITE CONCEPT 2.0 website
www.citeconcept.fr. The act of placing an order with CITE CONCEPT 2.0 implies the Customer’s full and complete acceptance of the present GTC, regardless of any notices, requirements or reservations that may be mentioned by the Customer before the order, during the order or later.
By placing an order, the Customer accepts the precedence of these General Terms and Conditions over their own general terms and conditions of purchase. Any general terms and conditions of purchase of the Customer that are contrary to or different from these GTC shall be deemed not to exist, irrespective of any contrary wording on documents of any kind issued by the Customer.
The fact that CITE CONCEPT 2.0 does not avail itself, at a given moment, of one or more of the provisions of the present GTCs does not constitute a waiver of its right to avail itself of them at a later date.
CITE CONCEPT 2.0 reserves the right to change these GTC without notice. Any changes will only take effect on Quotations issued (or orders placed without a Quotation) after the changes have been made.
ARTICLE 2 – Description of the Products and Services
The Customer acknowledges and accepts that the information of any kind brought to their attention by means of any paper or electronic medium (including catalogues, brochures, websites, email, etc.), and containing indications relating to the Products and Services (including but not limited to characteristics, technical specifications, dimensions, weights, photographs, graphical representations, plans, 3D images, price lists, colours, deadlines, etc.) are for information purposes only, indicative and non-contractual.
This information is not contractually binding on CITE CONCEPT 2.0 which, as part of its continuous improvement programme, reserves the right to make any changes without prior notice.
As part of the ordering process and in particular in the event of custom-made Products, and whatever the information and documents exchanged between the Customer and CITE CONCEPT 2.0 for the establishment of the Quotation, only the Quotation and the Acknowledgement of Order duly validated by the Customer under the conditions referred to in article 4 hereafter shall be deemed admissible in the event of a dispute of any nature.
ARTICLE 3 – Prices
As a matter of principle, prices are in Euros, excluding taxes (ex vat), from CITE CONCEPT 2.0 warehouses and logistics platforms or from the factories of its suppliers, service providers or subcontractors.
These prices do not include costs relating to any Services associated with the Products or transport costs (unless expressly requested by the Customer), taxes (in particular VAT), customs duties and insurance, which shall be borne by the Customer.
Given the volatility of raw material prices and changes in production costs, CITE CONCEPT 2.0 reserves the right to revise its prices without prior notice, if necessary within the timeframe of a few months.
ARTICLE 4 – Ordering process
4.1. Quotations
Quotations are drawn up according to the requirements presented and information communicated by the Customer to CITE CONCEPT 2.0 and are valid for the timeframe indicated in the Quotation. After this timeframe the prices mentioned in the Quotation may be updated in accordance with the rates in force.
For the purposes of drawing up a custom Quotation, the Customer undertakes to communicate to CITE CONCEPT 2.0 any information relating to technical specifications or particular qualities expected by the Customer (such as anti-graffiti coating, etc.) as well as any constraints, particularly environmental (e.g. aggressive exposure areas such as the seashore, areas with regular snowfall and frequent salting, proximity of workshops or factories releasing particles or grease into the atmosphere, street cleaning with automatic washers using chemical products, particularly chlorine-based products, urine and dog excrement, etc.).
CITE CONCEPT 2.0 shall not be held liable for any erroneous, inaccurate and/or incomplete information provided by the Customer for the purpose of drawing up the Quotation and which may have direct and/or indirect consequences on the ordering process, the use of the Products and the implementation of any Services associated with the Products.
4.2. Acknowledgement of order
Any Quotation validated by the Customer, either by returning the Quotation signed by the Customer or by sending an order form signed by the Customer and including all the elements and notes of the Quotation, only becomes definitive after CITE CONCEPT 2.0 sends a written confirmation of order (hereinafter ” Acknowledgement of order”).
This Acknowledgement of order shall include:
A summary of the elements contained in the Quotation accepted by the Customer, including the description and quantity of the Products and Services to be associated with it, and,
Any execution and/or layout plans, and more broadly any final technical documentation relating to the Products and Services that may be associated with the order, the product being ordered, and drawn up by CITE CONCEPT 2.0 according to the information provided by the Customer.
Any modification of the order both in terms of quantity and quality must be notified by the Customer within forty-eight (48) hours from the date of dispatch of the Acknowledgement of order, and must be expressly accepted by CITE CONCEPT 2.0. After this period, CITE CONCEPT 2.0 reserves the right to refuse any modification of the order.
The Customer acknowledges and accepts that the information contained in the Acknowledgement of order is sufficient and necessary for their full knowledge and understanding of the Products and that they are perfectly suited to their needs, so that the absence of observations made by the Customer under the conditions provided for in the previous paragraph reflects the Customer’s free and informed information. Also, CITE CONCEPT 2.0 shall not be held responsible for any failure of the Products to meet the Customer’s needs, if such needs have not been formulated by the Customer either at the time of the Quotation or within the aforementioned modification period following the communication of the Acknowledgement of Order.
4.3. Order cancellation
Any cancellation of an order must be made in writing by the Customer to CITE CONCEPT 2.0 within the following time limits and conditions:
For orders of standard Products and any associated Services, any cancellation occurring for any reason whatsoever from the 3rd calendar day inclusive to the 14th calendar day inclusive following the date of the Acknowledgement of Order and for which the Customer has not made any observations under the conditions referred to in article 4.2 of these GTC, shall give rise to the invoicing to the Customer of a flat-rate amount of 20% of the price (including VAT) of the order concerned. After this period, the lump sum shall be increased to 50% of the price including VAT of the order concerned.
For customised Products and any associated Services, no cancellation of an order will be admissible from the date of the Acknowledgement of Order and for which the Customer has not made any observations under the conditions referred to in Article 4.2 of these GTC.
ARTICLE 5 – Transport – Delivery
5.1 The Products ship at the Customer’s risk, whatever the mode of transport, and regardless of whether the transport was organised by the Customer or by CITE CONCEPT 2.0 at the Customer’s request.
In principle, the delivery takes place as soon as the Products are taken charge of for their transport by the Customer or any carrier designated by them, from the warehouses and logistic platforms of CITE CONCEPT 2.0 or the factories of its suppliers, service providers or subcontractors.
However, when the Customer has entrusted CITE CONCEPT 2.0 with the organisation of the transport of the Products, delivery takes place upon receipt by the Customer, at the address of the delivery location indicated by the Customer.
5.2. Unloading
It is expressly agreed that unloading at the place of delivery indicated by the Customer is carried out exclusively by the Customer and is the Customer’s responsibility, regardless of the participation in unloading operations by the driver of the carrier chosen by the Customer or appointed by CITE CONCEPT 2.0 at the Customer’s request.
5.3. Transport claims – Transport damage
In accordance with Article L.133-3 of the French Commercial Code, it is up to the Customer – or the recipient designated by the latter – in the event of damage, loss or delay, to indicate all reservations (clearly, meaningfully, precisely and completely) on the consignment note and to exercise any recourse against the carrier by confirming these reservations within three (3) days of delivery of the Products, by registered letter or non-judicial means addressed to the carrier’s head office (with a copy sent by registered mail with acknowledgement of receipt to the head office of CITE CONCEPT 2.0).
CITE CONCEPT 2.0 shall not be financially committed to repairing damage caused by transport.
In the event of any damage to the Products upon receipt or visible upon unpacking (scratches, scrapes, twisting, impacts, breakage, etc.), the Customer must without fail, in addition to any reservations and legal recourse exercised against the carrier, inform CITE CONCEPT 2.0 by registered letter with acknowledgement of receipt sent within three (3) working days following the day of delivery of the Products. This letter should include:
Photographs of all packaging and details of all damaged products, and,
A detailed and exhaustive description of the damage found.
CITE CONCEPT 2.0 may require the Customer to return the products concerned. This return, organised at the Customer’s expense, risk and liability, will remain at the Customer’s entire expense if CITE CONCEPT 2.0’s responsibility is not proven.
No claim formulated by the Customer concerning any apparent damage linked to the delivery will be taken into account by CITE CONCEPT 2.0 in the event of non-compliance with the aforementioned terms and deadlines.
In any case, the Customer’s attention is drawn to the fact that CITE CONCEPT 2.0 will not accept any claim concerning Products that have been kept in stock and unpacked late because of the Customer’s action.
Thus, CITE CONCEPT 2.0 declines all responsibility, which the Customer acknowledges and accepts, for any alterations suffered by the Products due to prolonged packaging (such as traces of moisture transfer observed on the paintwork of Products packaged in bubble wrap or plastic).
ARTICLE 6 – Deadlines and delays
6.1. The deadlines mentioned on the documents of any kind issued by CITE CONCEPT 2.0, refer exclusively and solely to the availability of the Products in CITE CONCEPT 2.0’s warehouses and logistic platforms or its suppliers’, service providers’ or subcontractors’ factories, apart from any delivery deadlines and/or deadlines for the execution of Services that may be associated with the Products.
Delivery times may be communicated to the Customer in cases where the Customer has entrusted CITE CONCEPT 2.0 with the organisation of transport.
Deadlines for associated Services may also be communicated to the Customer in the event that such Services have been subscribed to by the Customer.
6.2. In any event, these deadlines, which are given purely as an indication and have no contractual value, apply from the date of a Acknowledgement of Order which has not been the subject of a request for modification made by the Customer under the conditions referred to in Article 4.2 of these GTC.
No penalty for delay or compensation of any kind, price reduction, withholding or cancellation of order may be demanded by the Customer, unless such penalties or compensation are expressly agreed in writing between CITE CONCEPT 2.0 and the Customer. In particular, any penalties or indemnities applicable by a third party to the Customer – including in the context of public procurement – may not be passed on under any circumstances, unless expressly agreed in writing by CITE CONCEPT 2.0 prior to the Acknowledgement of Order.
ARTICLE 7 – Terms of payment
7.1. Terms of payment
Invoices, the date of which determines the start of the payment deadlines defined below, are drawn up on the day of the first order for all new Customers and then on the day of dispatch of the Products for all subsequent orders. Unless expressly agreed by CITE CONCEPT 2.0, these deadlines are non-negotiable and no discount is granted for early payment. VAT is paid on debits.
The terms of payment are as follows:
For Customers, natural persons or legal entities under private law, payment is made by bank transfer, within the time limits indicated below, unless otherwise agreed between CITE CONCEPT 2.0 and the Customer in the invoice:
– For all first orders, invoicing takes place on the day of the order and payment must be made in full no later than thirty (30) days net from the date of invoice.
– For subsequent orders, invoicing takes place on the day of shipment of the Products, and payment is made:
For all orders of less than five thousand (5,000) euros excluding VAT, in full no later than thirty (30) days net from the date of invoice.
For any order exceeding five thousand (5000) euros excluding VAT, by a deposit of 30% of the amount excluding VAT at the time of the order, and the balance at the latest thirty (30) days after the date of the invoice.
For Customers governed by public law, invoicing takes place on the day of shipment of the Products, and payment is made by money order within a period not exceeding:
– For the State, its public administrative establishments, regional authorities and local public establishments: thirty (30) days,
– For public health establishments and establishments of the armed forces health service: fifty (50) days,
– For contracting authorities, public enterprises: sixty (60) days.
Notwithstanding the provisions set out above, CITE CONCEPT 2.0 reserves the right to check the solvency of the Customer by any means before final confirmation of any order. Where doubt arises and without the need to justify this to the Customer, CITE CONCEPT 2.0 may demand full payment of the price of the Products when the order is placed.
Any partial delivery of an order at the request of the Customer must be the subject of a written instruction from the Customer and shall give rise to the invoicing of all the Products from the first day of storage, without prejudice to any immobilisation costs.
Transport, even if organised by CITE CONCEPT 2.0 at the Customer’s request, is carried out at the responsibility of the Customer. Thus, the time required for transport – including in the event of force majeure, delays or delivery difficulties, whatever their causes – cannot justify a delay in the payment of invoices. The payment of the sums due by the Customer to CITE CONCEPT 2.0 cannot be suspended or delayed as a result of Customer (or its own customer) reasons linked to a delay in the installation or fitting of the Products or to delays on the building site, whatever the causes, intentional or otherwise.
7.2. Late payments
The payment terms mentioned in article 7.1 above of these GTC must be strictly observed.
Failure to comply with these deadlines will result in the following consequences for any Customer:
Non-payment of all or part of the debt on the due date shall automatically result in the full and immediate payment of all sums due.
Any payment of sums due after the due date, regardless of any delay in relation to the initial estimated delivery date, transport delays or deferred installation, entitles CITE CONCEPT 2.0 to charge the Customer late penalties calculated on the basis of the interest rate applied by the ECB to its most recent refinancing operation, increased by ten (10) points, without this rate being less than three (3) times the statutory interest rate. These penalties, calculated on the amount including VAT of the invoice issued by CITE CONCEPT 2.0, are payable the day following the payment date shown on the invoice, and without any reminder being necessary.
In addition to the above-mentioned penalties, any delay in payment will also entail the obligation for the Customer to pay CITE CONCEPT 2.0 a fixed indemnity for collection costs in the amount of forty (40) euros. However, CITE CONCEPT 2.0 reserves the right to claim additional compensation, upon justification, if the collection costs incurred exceed this fixed amount.
ARTICLE 8 – Resolutive clause
In the event of non-payment of the price in full and eight days after formal notice sent by registered letter with acknowledgement of receipt, which remains unsuccessful, the sale will be cancelled by right without prejudice to any damages that may be claimed by CITE CONCEPT 2.0 from the Customer. In this case, the Products shall be returned to CITE CONCEPT 2.0 without delay, at the Customer’s sole risk and expense.
ARTICLE 9 – Retention of title – Transfer of risk
9.1. Retention of title
CITE CONCEPT 2.0 retains full ownership of the Products delivered until the price and all related costs have been paid in full on the agreed date, regardless of when and where the Products are delivered.
Until this date, the Products will be considered as consigned and the Customer will bear all risks relating to damage that the Products concerned may suffer or cause for any reason whatsoever.
The Customer shall therefore not pledge the Products, sell them or transfer them as security.
The Customer undertakes to inform CITE CONCEPT 2.0 of any seizure, requisition or confiscation of the Products for the benefit of a third party and to take all defensive measures in order to make known and preserve CITE CONCEPT 2.0’s ownership rights.
In the event of failure to pay in full or in part, CITE CONCEPT 2.0 may, without prejudice to its other rights, automatically and without formalities, demand the return of the Products concerned, at the Customer’s exclusive cost and risk. This return is not equivalent to the cancellation of the sale, which will only become effective by sending a registered letter with acknowledgement of receipt under the conditions defined in article 8 of these GTC.
9.2. Transfer of risks
Without prejudice to the provisions set out in article 9.1 above and independently of the total or partial payment of the price of the Products, the transfer of the risks of loss and deterioration of the Products occurs in principle as soon as the Customer or any carrier designated by them takes charge of the Products for their transport, from the warehouses and logistic platforms of CITE CONCEPT 2.0 or the factories of its suppliers, service providers or subcontractors.
However, when the Customer has entrusted CITE CONCEPT 2.0 with the organisation of the transport of the Products, the moment of transfer of risks may be postponed to the point of receipt by the Customer, in whole or in part, of the delivery of the Products, whether or not the Customer has expressed reservations to the carrier.
Also, when the Products are available and ready for delivery, whether the transport is organised by the Customer or by CITE CONCEPT 2.0, but they are kept, at the Customer’s express request, in the warehouses and logistic platforms of CITE CONCEPT 2.0 or in the factories of its suppliers, service providers or subcontractors, with a view to their delivery at a later date, the transfer of risks takes place from the date of availability of the Products notified to the Customer by CITE CONCEPT 2.0.
In any event, once the transfer of risk has occurred in any of the situations set out above, any damage, destruction, loss or theft of the Products, whether installed or not, is the sole responsibility of the Customer, who must take all necessary measures to preserve the Products. This transfer of risk is also in any case independent of the transfer of ownership.
ARTICLE 10 – Non-conformity of the Products and any associated Services
10.1. Reference documents
The conformity of the Products and any associated Services is defined solely and exclusively in relation to the Acknowledgement of Order issued by CITE CONCEPT 2.0, where it has not been the subject of any observation by the Customer under the conditions referred to in article 4.2 of these GTC.
Where no Installation Service is associated with the Products, the Customer undertakes to:
Transmit, to the service provider chosen by the Customer for the installation of the Products, all the documentation which will have been given to them by Cité Concept 2.0 with the Acknowledgement of Order, before the installation work is carried out.
Require the service provider chosen for the installation of the Products to contact Cité Concept 2.0 by telephone before the installation work is carried out.
Prior to any declaration of non-conformity, upon receipt of the Products and performance of any associated Services, the Customer is invited to scrupulously check the Products and Services with reference to this document and to express any reservation under the conditions of articles 10.2 and 10.3 below, in the event of any disagreement or dispute of any kind.
The Customer’s attention is particularly drawn to the fact that the non-conformity of the Products and Services cannot be assessed in relation to CITE CONCEPT 2.0’s commercial documents (in particular Product sheets, catalogues, brochures, website…). CITE CONCEPT 2.0 reserves the right to modify these documents without prior notice, so that it cannot be held responsible for any differences (in particular technical characteristics, dimensions, names, etc.) that may exist between the Products received and Services performed and the information contained in these documents, which may have been updated after the Customer’s order. As these documents have no contractual value, they are not binding on CITE CONCEPT 2.0 and may not be used as a basis for any claim by the Customer for non-conformity of the Products and Services.
10.2. Procedure for reporting non-conformity of Products
Without prejudice to the provisions relating to transport damage referred to in article 5.3 of these GTC and the guarantees referred to in article 11 of these GTC, all Products received by the Customer – regardless of the mode of transport, whether this was organised by the Customer or by CITE CONCEPT 2.0 at the Customer’s request and whether or not Services are associated with the Products – must be checked for conformity (model, colours, options, quantities, accessories, screws, defects in appearance not linked to transport, etc.) by the Customer – or any person duly appointed by them for this purpose – within seven (7) calendar days of receipt and before any installation.
Complaints related to the non-conformity of the Products must be made by the Customer within the above-mentioned time limit, by registered letter with acknowledgement of receipt and must include:
General and close-up photographs of the packaging and details of all non-conforming Products, and,
A detailed and exhaustive description of the non-conformity of the Products observed.
CITE CONCEPT 2.0 may require the Customer to return the products concerned. This return, organised at the expense and risk of the Customer, shall remain at the latter’s entire charge if the non-conformity is not proven.
10.3. Procedure for reporting non-conformity of Services
Without prejudice to the guarantees referred to in Article 11 of these GTC, any Services associated with the Products and which have been carried out must be checked for compliance by the Customer. It is the responsibility of the Customer – or any person duly designated by them for this purpose – to indicate all clear, significant, precise and complete reservations on the delivery note.
Any reservation must be confirmed by the Customer to CITE CONCEPT 2.0 in writing within forty-eight (48) hours following the completion of the Services, by registered letter with acknowledgement of receipt, and must include:
General and detailed photographs of the Products to which the non-conforming Services apply, and,
A detailed and exhaustive description of the non-conformities of the Services observed.
10.4. In the event of CITE CONCEPT 2.0 registering a declaration of non-conformity this does not mean that it accepts the reality of this non-conformity or that CITE CONCEPT 2.0 accepts responsibility for it. An investigation of the dispute will be carried out by CITE CONCEPT 2.0 in collaboration with the Customer on the basis of the documents and written forms exchanged, and in particular the Quotation and the Acknowledgement of Order, accepted by the Client.
In the event of delay due to non-conformity of any kind, the Customer acknowledges and accepts that no penalty or indemnity for delay of any kind can be demanded by the Customer from CITE CONCEPT 2.0, regardless of the potential responsibility of CITE CONCEPT 2.0.
Any request that is incomplete, submitted after the deadline or in a form other than that prescribed in this article, may be refused by CITE CONCEPT 2.0, which hereby reserves the right not to proceed with it.
CITE CONCEPT 2.0 also reserves the right not to proceed with any declaration of non-conformity of any kind whatsoever, in particular when this declaration relates to:
an error, inaccuracy or omission of information by the Customer at the time of the order.
products already in use (in particular transported to a site other than that of delivery, installation, fitting whether by reversible means or not) by the Customer or their authorised representative. Implementation entails by default full and complete acceptance of the perfect conformity of the Products, without any claim of non-conformity being possible.
relates to Products kept in stock and/or unpacked late due to Customer action or a delay in the works, without any quality inspection having been carried out within the aforementioned period.
ARTICLE 11 – Warranties
11.1. Scope – Time limits – Reporting procedures
In addition to the statutory warranty for hidden defects resulting from articles 1641 et seq.. of the Civil Code, the Products benefit from a contractual warranty which covers the replacement of parts of the Product that are defective in material, manufacture or design (excluding any labour of any kind (removal, reassembly, disassembly, etc.) and excluding transport), under the conditions set out below:
Mechanical performance: two (2) years;
Products incorporating LED: three (3) years;
Steel or cast iron parts protected with zinc epoxy primer or treated by cataphoresis coating, zinc metallising or hot-dip galvanising: two (2) years;
Wooden parts: two (2) years;
Stainless steel parts treated by chemical passivation or electro-polishing: one (1) year;
Colour fastness of polyester paints from the RAL colour chart: seven (7) years;
Durability of textured or sanded polyester paints: seven (7) years.
These warranty periods are valid from the date of issue of the invoice for the Products concerned, subject to the transfer of ownership having been duly effected.
The Customer must inform CITE CONCEPT 2.0 by registered letter with acknowledgement of receipt as soon as they are aware of a claim falling within the scope of the warranties referred to in this article, and at the latest within five (5) days of its discovery. This letter should include:
Photographs of all packaging and details of all damaged products, and,
A detailed and exhaustive description of the damage observed and the reasons for invoking the warranty.
During the warranty period, and in the event that the warranty is invoked under the conditions stated above, CITE CONCEPT 2.0 reserves the right to repair or replace the Product with similar characteristics.
In any event, the invoking of any warranty shall not have the effect of extending the above-mentioned warranty periods, and shall not exempt the Customer from paying the price due.
11.2. Warranty exclusions
No contractual warranty can be accepted in the following cases:
Abnormal or non-conforming use of the Product with regard to its specifications,
Apparent defects, which the Customer may only claim on under the conditions set out in Article 10 hereof,
Adjustments not related to a Product failure,
Normal wear and tear of parts,
Failure to use and maintain the equipment properly (e.g. failure to follow the operating instructions, cleaning instructions, etc.),
External causes (force majeure, storms, lightning, water damage and other catastrophic events, vandalism, etc.),
Damage and wear resulting from installation or repair carried out by the Customer or any person mandated by them for this purpose, excluding any intervention by CITE CONCEPT 2.0.
The Customer’s attention is particularly drawn to the fact that:
Exposure to aggressive environments or chlorinated products (seashore, areas with regular snowfall and frequent salting, proximity of workshops or factories releasing particles or grease into the atmosphere, street cleaning with automatic washers using chemicals, particularly chlorine-based, urine and dog faeces, etc.) can degrade the passive layer of stainless steel parts and trigger pitting corrosion. CITE CONCEPT 2.0 declines all responsibility in the event of surface corrosion of any grade of stainless steel under these conditions.
With regard to corrosion of metal parts, the warranty only covers the risk of corrosion of the mass of the metal or under the paint. The guarantee does not cover the appearance of surface oxidation resulting from deliberate or accidental damage, by impact, friction, exposure to salt spray, chemical or mechanical attack, burning, graffiti, etc., or due to improper use or installation.
Given the specific mechanical (wind and sand) and chemical (salt) wear conditions of the seaside, no surface treatment can be permanent on metal products of any kind installed within twenty-five (25) kilometres of the coastline.
No warranty can be given on the durability of paints and lacquers. Only the quality requirements of the processes
