Our general conditions of sale apply in all their provisions. They define the conditions under which we supply our products to a professional Buyer who requests them via our website, by direct contact or by paper. All other conditions are only binding on us after written confirmation from us for all present and future orders. No contrary clause established by the Buyer can derogate from them. The mere fact of placing an order with us after having proceeded to an account opening is worth the acceptance without reserve of the present and of the conditions of use of our Internet site for the electronic orders.
In accordance with the regulations in force, these General Conditions of Sale are systematically communicated to any Buyer who requests them, to enable him to place an order with us.
Any order of Products implies, on behalf of the Buyer, the acceptance of the present General Conditions of Sale and of the general conditions of use of our website for electronic orders.
It is the customer's responsibility to take the measurements and to validate them for ordering. Even if the customer is assisted in this exercise by FTFM La Toulousaine's technical sales representative, the latter cannot substitute for the customer. FTFM La Toulousaine will not accept any disputes related to measurements or dimensional errors involving a technical sales representative or the head office.
Our quotations mention a validity period. After this period, the conditions of the quotations can be modified according to the economic conditions.
The property, in particular intellectual, of our creations, technical solutions on specific projects, engineering, remains with us.
In all cases, and in accordance with the EN 13241-1 standard, it is the responsibility of the customer, his advisors, or the project manager, under their responsibilityto ensure that the products ordered from FTFM La Toulousaine are suitable for the use that will be made of them by the end customer and to check that the products are suitable for the use of the end customer.check that the products are suitable for the type of work, the intended conditions of use and the installation conditions on the site (in particular the constraints linked to the exposure of the sites or their possibly aggressive environment (acidity, salinity, etc.).
FTFM La Toulousaine will never consider a quotation to be a legal document that constitutes an order acknowledgement.
The technical designs of catalog and non-catalog products are given as an indication.
FTFM LA TOULOUSAINE reserves the straight to make any changes to the products that it deems useful to improve their technical or aesthetic quality, or in the event of supply difficulties, without prior notice.
The maximum manufacturing dimensions are given in the technical specifications (chapter "limit of use").
Please note that our products are intended for professionals in the closure, building and construction industries. Consequently, FTFM La Toulousaine reserves the straight to refuse to take into account any order deemed abnormal in this respect.
No order will be taken into consideration if it is not placed on an order form (a model of which appears in our Catalog or on our website) signed and stamped by the Customer and after verification and validation of the order by the Customer. by the Customer and after verification and validation by double click on our website or by any other written support undeniably emanating from the Customer.
A quotation returned signed and stamped by the customer will be considered as an order.
The sale is definitively concluded only when we acknowledge receipt, in writing (mail, e-mail or fax), of the purchase order or the signed and stamped quotation and of all the technical and financial elements necessary for the launch of production.
We are only bound by the characteristics of the order that have not been modified on the acknowledgement of receipt of the order in terms of quantity, quality, dimensions, and payment conditions. This order acknowledgement is always sent by fax or e-mail.
Consequently, the customer must make sure :
In the event of a dispute, the content of FTFM La Toulousaine's acknowledgement of receipt of the order will be deemed authentic.
No dispute will be accepted that refers to an "error in the estimate", a "discrepancy between the order and the estimate", a "misinterpretation of the plan", etc.
The benefit of the order is personal to the Customer and cannot be transferred without our prior written Accord.
In the event that a customer places an order without having made the due payments, we may refuse to consider the order and deliver the products without the customer being able to claim compensation for any reason whatsoever.
No modification or cancellation of an order that has been confirmed in writing is possible without our express Accord. In all cases, we reserve the straight to invoice the part of the order processed. In the event of an accepted modification, a new manufacturing deadline will be indicated.
The prices of the products are set by the Buyer's acceptance of our estimate established on the basis of FTFM La TOULOUSAINE's own pricing structure or on the basis of the pricing grid (scale of unit prices and possible price reductions) applicable, if applicable, to the Buyer. They are net and without discount.
FTFM La Toulousaine is only bound by the prices appearing on the quotes accepted by the Purchaser and in effect at the time of the order.
Prices are exclusive of taxes, ex-works, and products are packaged appropriately for delivery conditions.
Our prices and metal grilles are subject to change without notice.
The validity period of the fixed prices is mentioned on each estimate.
The manufacturing deadlines indicated in our order acceptances are given as an indication; exceeding them may not, under any circumstances, give rise to cancellation of the order, suspension of payment due, nor to the payment of any compensation, nor to any price reduction.
They open as of the acknowledgement of receipt of the order issued by us and the availability of all technical data necessary for the manufacturing, the delivery and the delivery of the product.they are opened from the acknowledgement of receipt of the order issued by us and the availability of all the technical data necessary for the production, possibly accompanied by financial elements as stated in the article "Payments" below.
The products are sold, unless otherwise stipulated on the quotation, plus shipping costs. They travel at the risk of the recipient, regardless of the mode of transport chosen.
The goods must be checked upon receipt in the presence of the deliverer. In accordance with article L133-3 of the new commercial code, any anomaly (deterioration, missing, error...) must be the subject of precise and detailed reserves on the receipt of delivery.on the transport receipt, then confirmed within 3 working days by registered letter to the carrier, a copy of which will be sent simultaneously to our company. Any product that has not been the subject of reservations under the above conditions will be considered accepted by the customer.
In particular, reservations such as "subject to unpacking" or "product damaged but packaging intact" cannot be taken into account.
In the interest of our customers, our shipments are made by the fastest and most economical way. Shipments by express, fast service or with special modalities (specialized transport, containers,...) are always at the customer's expense.
Handling and unloading operations are at the expense and risk of the customer who must provide the necessary personnel.
The transport times, which are added to the manufacturing times, are given as an indication. They cannot give rise to a claim for compensation in the event of a delay in delivery not exceeding 30 days, even for delivery to the site, and whatever the efforts made to try to meet a delivery date. Exceptionally, in the event of a delay exceeding 30 days or in the event of a delay that has not been reported, the Buyer may request the resolution of the sale, except in the event of fault on the part of the Buyer or in the event of force majeure. The deposits already paid will then be returned to him.
Any change of delivery address requested by the customer after the order has been registered, and even more so during transport, will be taken into account to the best of FTFM La Toulousaine's ability, but without guarantee, and will be subject to charges. In the event of a delivery on the agreed date and time without being able to unload, a second delivery will be billed at €125 excluding tax.
FTFM La Toulousaine reserves the straight to include shipping costs in its pricing according to various methods, whether actual, free or by a contribution to shipping costs.
In the event of refusal of shipment, refusal to accept delivery, or failure to collect products within two weeks of being made available, we reserve the straight to invoice the costs of custody and/or redelivery following this refusal.
Any claim for non-conformity must be made, in writing, by registered mail, within 3 days of receipt of the products.
The credit note concerning this return will only be established if the returned goods present the non-conformity described as the cause of return, without additional damage, and if they are correctly packaged and referenced.
Our responsibility remains limited to the supply of replacement products only (exchange or replacement of products) or to the complement of products, without the customer being able to claim any compensation or any reduction in price, or a suspension of payment due, or the resolution of the order or compensation for installation time, downtime, transport costs, costs of guarding, rental equipment ... etc..
No return of products will be accepted without our prior and express Accord. In case of return accepted by our company, the return will have to be made, in all the cases, towards our production unit, at the latest in the thirty days of the delivery, by the carrier chosen by our company.
The customer cannot take the decision alone to destroy or throw away a component/product considered defective. Unless specifically authorized by FTFM La Toulousaine, no credit note can be issued without the prior return of the product concerned.
Ongoing after-sales service files cannot be used as a pretext for refusing payment of a previous invoice and complaints do not suspend payment of the goods concerned.
The guarantee of the products depends on the French technical standards in force on the day of delivery. The warranty can only be applied if a claim is made within the following time limit.
The customer benefits from a two-year warranty on all products from the date of delivery against all material and manufacturing defects (Art. 1641 and following of the French Civil Code). The customer is required to provide proof of these defects or faults. The warranty is limited to the free supply of parts necessary for the repair or replacement of proven defective parts. Our guarantee ceases solidly as soon as our customer did not warn us of the alleged defect within 20 clear days as from its discovery.
Certain products listed exhaustively may benefit from a contractual guarantee of more than two years, specified for each product concerned in the Catalogue or on the Internet site.
Defects due to :
FTFM La Toulousaine will never assume responsibility for the consequences of a product installed without respecting the installation instructions and/or the obligations imposed by the standards in force.
Motorized systems will only be guaranteed on the condition that the installer has signed a maintenance contract that includes the instructions in our maintenance booklet.
The repair, modification or replacement of parts during the warranty period indicated above cannot have the effect of extending the initial warranty period.
The assembly sketches and suggestions in our catalogs and documentation are provided for information purposes only. They do not constitute an element of the contract and do not engage our responsibility.
It is therefore the sole responsibility of the professional purchaser to ensure before use that the products are suitable for the type of construction and the particular conditions of use for which they are intended.
Moreover, no one will be able to take advantage, for the attribution of compensation or the establishment of responsibility, of the opposition or the possible observations of an organization of control in the assembly and the installation of the products.
The opening of a customer account is made after acceptance by the customer of the general conditions of sale; the acceptance must be signed and stamped by a person authorized to commit the company, without any modification.
The file of opening of account is accompanied by a statement of banking identity (RIB) of the bank domiciliary of the payments, ofthe account opening file must be accompanied by a bank identification statement (RIB) from the bank to which the payments are to be made, an extract from the trade and company register (K bis), the SIRET number, and a certificate of registration in the trade register.
The terms of payment indicated on our quotations or acknowledgement of receipt of order or, failing that, mentioned within the present general conditions of sale, are the only ones valid whatever those appearing on the customer's orders. Our express acceptance of different payment terms cannot derogate from the other clauses of these general terms of sale, in particular the jurisdiction clause and the retention of title clause.
A deposit by check of 30% is required for the first order.
Unless otherwise stipulated in our quotation or acknowledgement of order, payments will be made within 30 days from the date of issue of the invoice, the limit of payment occurring at the end of the month during which these 30 days expire, subject to acceptance of the file by our Credit Insurance organization. In case of refusal by this organization, the payment will be immediately due at the order, exclusively by bank transfer.
Payments will be made by letter of exchange (LCR) delivered directly to the bank. Any other means of payment (check, accepted draft, transfer, credit card) could involve the invoicing of management fees which would appear directly on each invoice.
No discount will be applied for payment before the date shown on the invoice or within a period shorter than that mentioned in these General Terms of Sale.
Without prejudice to our other rights, any default or delay in payment shall entail the application of (i) late payment penalties equivalent to the rate applied by the European Central Bank to its most recent refinancing operation, increased by 10 points, payable solidly, without any formality, as from the day following the date of the invoice.(ii) management and processing fees for the payment incident equivalent to 20% of the unpaid amount, which shall not be less than 150 Euros.
Moreover, any delay in payment between professionals gives rise, in addition to the late payment penalties, to the payment of a fixed indemnity of 40 € for collection costs,
In addition, and in particular in the event of delay in the execution of its obligation of payment, the customer will be, if we consider it useful, deprived of the term for all the payments to intervene which will become immediately exigible, notwithstanding the application of the aforementioned amounts and this, without damage of our other rights. In this sense and in particular, we can solidly, proceed to the resolution of the sale, without notice or formality in addition to a registered letter with acknowledgment of receipt notifying the customer of the resolution. of receipt notifying the customer of the cancellation of the sale, it being understood that any sum already paid will be retained as damages.
In the event of a payment incident or delay in payment, orders in progress or to come may be suspended or cancelled without prior notice, despite any previous agreement and without prejudice to any other recourse. An advance payment or a cash payment or guarantees of payment for the orders in progress or to come may be requested.
The delivered and invoiced products remain our property until their complete payment, whatever the delivery date. However, the risk of loss and deterioration will be transferred to the Customer as soon as the ordered products are handed over to the carrier.
The Customer acknowledges that it is the carrier's responsibility to make the delivery, FTFM La Toulousaine being deemed to have fulfilled its delivery obligation once it has given the ordered products to the carrier, who has accepted them without reservations. The Customer therefore has no recourse in warranty against FTFM La Toulousaine in the event of failure to deliver the ordered Products or damage that occurred during transport or unloading.
Our Company may, unilaterally, after sending a formal notice, draw up or have drawn up an inventory of its products in the possession of the Customer, who undertakes to allow free access to its warehouses.the customer undertakes to allow free access to its warehouses, building sites or others, ensuring that the identification of the company's products is always possible.
The customer is authorized, within the framework of the normal operation of its establishment, to resell the delivered products, but it cannot give them in pledge, nor to transfer the property of it as guarantee. In the event of resale, the customer undertakes to notify us in writing in advance so that we can exercise our straight claim on the price against the third party purchaser. The authorization to resell is automatically withdrawn in case of receivership or liquidation.
The use by the customer of any brand or logo belonging to us is strictly limited to the designation of realizations implementing exclusively and entirely our products. This restriction applies to any written or oral communication.
It is reminded that in application of the Intellectual Property Code, the reproduction, total or partial, of our documentation without our consent is illegal.
The information collected during the preparation of the quote or the order (by telephone, e-mail or internet) is recorded in a computerized file by FTFM LA Toulousaine for the purpose of order processing, delivery, invoicing, customer communication, product reminders, sales statistics, professional promotional mailings, newsletters or invitations.
They are limited to the name or company name, first name, SIRET number, address of the registered office, delivery address, telephone number, fax number, email address, professional activity, IBAN and possibly the last annual accounts.
They are kept for the duration of the contractual relationship increased by the years of legal prescription.
None of these data are transmitted to third parties except those necessary for the realization of the transport. It is intended for use by FTFM La Toulousaine.
You may exercise your right to access your personal data, have them rectified or deleted, request a restriction on processing or oppose processing and exercise your right to data portability by writing to the data protection officer
firstname.lastname@example.org or by phone 05.61.75.31.00.
Any request must be made in writing and be accompanied by a copy of an identity document; it will be processed within one month.
Any validation of an order implies acceptance of the possible use of the data collected for the above purposes.
16 - ECO-CONTRIBUTION
16.1- The unique identification number (IDU) FR021800_04CSHG, attesting to compliance with the obligations of extended producer responsibility mentioned in Article L.541-10 of the Environmental Code for the category or categories of building products and materials that it places on the market, has been assigned to FTFM LA TOULOUSAINE by ADEME.
16.2- The unique identifier FR021800_05DLXR attesting to the registration in the register of producers of the EEE sector (electrical and electronic equipment), in application of article L.541-10-13 of the Environmental Code, has been awarded by ADEME to the company FTFM La Toulousaine. This identifier attests to its compliance with its obligation to register with the Register of Producers of Electrical and Electronic Equipment and to make its declarations of marketing to ecosystem.
16.3- FTFM La Toulousaine's share of the unit cost of managing the waste from PMCBs and EEEs, as invoiced by the co-organizers to which FTFM La Toulousaine belongs.fTFM La Toulousaine is a member of, is passed on in full to the professional purchaser of the product without any possibility of a reduction.
By express agreement, exclusive jurisdiction is granted for all disputes that may arise between the parties in connection with their commercial relations, the application, interpretation or execution of these general terms and conditions of saleexecution of the present general conditions of sale, to the Commercial Court of Toulouse, whatever the place of delivery, the method of payment and even in the event of appeal in guarantee or of plurality of the defendants.
The present general conditions of sale as well as the attached tariffs and scales concerning discounts, rebates and discounts are expressly agreed and accepted by the Buyer, who is the only one to have access to the present conditions.the Buyer declares and acknowledges that it has full knowledge of these terms and conditions and waives the right to rely on any contradictory document, in particular its own general terms and conditions of purchase.