Article 1 – GENERAL

Placing an order implies the buyer’s unconditional acceptance of these general terms and conditions of sale. The buyer’s own general purchasing terms shall not prevail over these terms.

Article 2 – SALE PRICE

Our quotations are valid for 1 month from the date sent. The prices shown in our price lists and printed materials are ex-works from our manufacturing workshop, are not binding over time, and constitute proposals based on the prices applicable on the day of delivery and according to the tax regime in force.

Article 3 – PRODUCTS

The dimensions and colours of our products are subject to unavoidable variations within customary tolerances. These tolerances relate to shade — which cannot be guaranteed — and to the surface appearance, which remains subject to manufacturing contingencies for which we cannot be held liable.

The use of natural aggregates may result in slight colour variations, which shall not give rise to any claims. Efflorescence marks may appear on the surface of certain products; these are technically unavoidable, do not affect quality, and may disappear over time. All our products have a measurement tolerance of up to 10 mm. Downgraded items sold as seconds carry no warranty.

The customer must ensure the product is compatible with the intended use. Installation must be carried out in accordance with best practice and our specific recommendations. It is the project owner’s responsibility to protect their rights with regard to any installer who fails to comply with current best practice or has neglected to inform themselves. A non-professional customer who proceeds with installation without a professional does so at their own risk.

Claims regarding defects must be substantiated and made immediately for apparent defects, and within three days for non-apparent defects discovered prior to installation, by registered letter with acknowledgement of receipt, accompanied by the delivery note.

INSTALLATION CONSTITUTES ACCEPTANCE OF THE PRODUCTS

Our liability shall be limited solely to replacing products deemed defective and shall in no case include installation or removal costs. We cannot be held liable for material or bodily injury resulting from erroneous use or use not in accordance with prudence and customary practices. We will not take into account issues that do not affect the integrity of the product, or that relate to appearance (shade variations, superficial cracks, efflorescence, etc.), nor defects and damage caused by natural wear or by an external event (incorrect assembly, poor maintenance, abnormal use, etc.), or by any modification to the product not planned or specified at the time of order. The products supplied are considered decorative elements and are therefore not governed by the specific construction law relating to the two-year or ten-year warranties.

Article 4 – DELIVERY AND CONFORMITY

4.1. It is the Customer’s responsibility to ensure the carrier can access the delivery location with a tail-lift lorry: accessible road, parking possible without obstructing traffic, an entrance allowing the lorry to pass, etc. Furthermore, due to the weight of certain products, at the delivery site the ground should preferably be tarmacked or concreted, accessible, and allow lorry manoeuvring for pallet drop-off. SARL AÏGA TERRA cannot be held responsible if the carrier cannot deliver due to non-compliance with these criteria and, in such cases, delivery costs remain payable by the Customer.

4.2. Deliveries are scheduled by appointment between the carrier and the Customer. If the Customer cannot be present on the day of delivery, they must appoint an authorised person to receive the delivery and assume all responsibilities incumbent on the Customer. If the Customer is absent, the carrier will be unable to deliver and any costs for a new presentation shall be borne by the Customer.

4.3. Our products always travel at the recipient’s risk. The customer must check the goods upon delivery; this inspection must notably cover the quality, quantities, and references of the goods. In the event of missing, damaged, or apparently non-conforming goods, the customer must make all necessary reservations on the transport note upon receipt. Failing this, the customer is deemed to have accepted the goods without reservation. The customer must provide all proof of the defects observed. The return of non-conforming goods is subject to the prior approval of SARL AÏGA TERRA and must be carried out in the original packaging or, failing that, in suitable packaging so that the goods travel without risk of damage on the return journey; otherwise, SARL AÏGA TERRA will not reimburse the customer for goods received broken or damaged. Failing this, the customer is deemed to have accepted the goods without reservation.

4.4. The delivery time indicated when the order is recorded is given for guidance only and is not guaranteed. Consequently, any delay in making the products available shall not give the customer any right to: damages, penalties, or cancellation of the order.

4.5. We accept no liability for delays or suspensions of delivery due to causes beyond our control, such as: delivery difficulties, inaccessible sites for tail-lift lorries, inadequate equipment at the destination, strikes in our company or at our suppliers, shortage of raw materials, transport equipment, power cuts, tool failure, fire, riots, frost, heavy rain, strong winds, etc.

Article 5 – PAYMENT

5.1. Our goods are payable in cash when the goods leave our premises. The payment method agreed with each of our customers shall be that specified in the agreements between us and said customer.

5.2. The customer shall reimburse all costs incurred by the contentious recovery of any sums due, including lawyers’ and officers’ fees. In addition, the sums due shall be increased by a 15% indemnity, not less than €75, as a penalty clause.

Article 6 – RETENTION OF TITLE

6.1. We reserve title to the goods delivered until full payment has been made. Goods not paid for in full are deemed to be in the custody of the customer, who assumes full and entire responsibility for them in all respects.

6.2. Except in cases of late payment of any of our invoices or the buyer’s cessation of payments, our customers are authorised to sell the goods before full payment; however, we reserve the right to request direct payment from the sub-purchaser of any sums still owed.

Article 7 – RIGHT OF WITHDRAWAL

In accordance with Article L 121-21 of the French Consumer Code, the customer has a right to withdraw from the order, without giving reasons, within 14 days from receipt of the ordered products. To exercise the right of withdrawal, the Customer must notify SARL AÏGA TERRA, 600 chemin Combon, 07440 BOFFRES, of their decision to withdraw by means of an unambiguous statement (postal letter or email: jpons@aigaterra.fr). If the customer exercises this right, the products must be returned within 14 days from their delivery to the customer, in their original packaging, in perfect condition and unused. Outbound and return shipping costs remain payable by the customer. Damaged, soiled, or incomplete products will not be taken back or refunded.

Article 8 – WARRANTIES – LIABILITY

8.1. Any complaint regarding product quality must be made immediately and expressly confirmed in writing within 24 hours of collection or delivery.

8.2. By express agreement, our product warranty is limited, at our discretion, either to replacing products recognised as defective or to reimbursing their pre-use value, without any compensation or damages of any kind.

8.3. We accept no liability for quantity discrepancies not identified at delivery, nor for any deterioration in product quality after delivery resulting from transport, storage, and handling by the buyer, or any other cause beyond our control.

8.4. Manuals, recommendations, and other information that may be provided to customers for the purpose of informing them about installation techniques shall not be deemed to constitute implementation and shall not engage our liability.

Article 9 – DISPUTES

9.1. Any dispute must be notified within 24 hours of collection or delivery. Unless expressly agreed by us, no dispute entitles the customer to defer all or part of the payment or to refuse acceptance of a bill of exchange, according to the agreed payment method.

9.2. In the event of a dispute, all matters shall be settled by the Commercial Court with jurisdiction over our registered office, including in summary proceedings, third-party notices, multiple defendants, and notwithstanding any conflicting jurisdiction clause. Bills of exchange or acceptances shall not constitute a derogation from this jurisdiction clause. For export sales, French law shall apply.

Article 10 – DATA PROTECTION

The information and data provided to the Seller by the Customer, or collected by the company, are necessary for the proper management of the Customer’s order, for managing the commercial relationship with the Seller, and contribute to improving the quality of the products and services offered. The Customer consents to the use of this data by the Seller. In accordance with the French Data Protection Act of 6 January 1978, the Customer has the right to access, rectify, and oppose personal data concerning them, which they may exercise by sending an email to jpons@aigaterra.fr.