Legal notice

 

Site Manager

Balsan carpets
2, Corbilly
F36330 ARTHON
Tél. : +33 2 54 29 16 00
Fax : +33 2 54 36 37 40

Publication director
Christophe POUILLE

 

GENERAL SALES CONDITIONS

All purchasers are deemed to have read, to accept and to comply with the following general sales conditions:

1        Orders
Orders received are only binding once we have accepted them.
Orders are governed by these “general sales conditions”, with no reservations or conditions, and they prevail over any other oral or written agreement, in the event of a dispute by the customer. By accepting the order, the sale becomes final and binding. In the event that the customer cancels an order, other than owing to a force majeure event, the entire order will be invoiced. In the event of special productions, tolerance regarding the ordered quantities may be granted, inherent to the technical specifications. Unless previously agreed with the customer, Balsan may prepare the order with different dye baths. In such cases, this shall be specified in the sales documentation.

For a specific production, Balsan does not guarantee the precise lengths of the rolls requested.

An additional € 35 before taxes will be invoiced for orders of textile products under € 500 before taxes.

2        Delivery – Passing of Risk
The terms and conditions of delivery of the goods are stated at the time the order is confirmed.
However, the goods travel at the risk of the recipient, who is responsible for making the necessary reservations to the carrier on receipt in the event of damage or missing items. It is also the responsibility of the recipient to confirm the reservations (in detail, listing the damage identified and the quantities affected) by extrajudicial document or by registered letter with acknowledgement of receipt to the carrier within three days of receiving the goods. Reservations made after this period cannot be taken into account.

Acceptance of the delivery without reservations on the part of the Customer shall entail a presumption of the conformity of the delivery and a waiver of any recourse by the Customer.

In the case of free delivery, this applies for standard delivery to the Customer's address. Specific needs may be covered, but they will be reviewed in advance by our transport services and may generate an additional cost payable by the Customer.

Goods may not be returned without our express consent.
Only full pallets and complete rolls may be taken back. A 30% reduction will be applied to the value exclusive of taxes of the goods and the carriage costs, both ways, will be payable by the customer.

3        Delivery Dates
Delivery dates are provided to the customer as approximate dates only.
Customers are in no way entitled to cancel the sale or refuse the goods in the event of late delivery.
No damages may be claimed on the ground of late delivery, unless intentional.

 In cases where the customer requests for the delivery to be deferred, and if said deferral exceeds one month, the original sales price may be revised if pricing has changed, and the order may be subject to monthly storage fees equivalent to 5% of the full order price.

4        Force Majeure
In the event of non-delivery or late delivery owing to a force majeure event (strikes, fire, flooding, accidents, etc.) preventing performance of delivery, the sale will be cancelled as of right with no entitlement to damages.

5        Laying and Upkeep Conditions
Compliance with the laying and upkeep conditions for our products is essential to the preservation of the proper appearance of our flooring and the processing of complaints.

The installation conditions must comply with NF DTU 53-12, and maintenance is in accordance with our recommendations.

This information is available on request or on our website, and must be provided to the end user by Balsan’s customer under its own responsibility. Balsan disclaims all liability in the event of failure to comply with the laying and upkeep conditions.

6        Complaints
Some changes in the appearance of the pile may be noticed following a change in the pile’s direction. These changes are inherent to the behaviour of this type of material. They do not constitute a defect in the product or a ground for the cancellation of the sale, unless they affect the useful life or the intrinsic or functional qualities of the carpets, rendering them, therefore, unfit for their intended purpose.

It is up to the customer to check the conformity of the product received (reference, colors, quantity, dimensions). The implementation of a non-compliant product may not give right to replacement or compensation.
In the event of a defect in the product that is visible prior to or during its laying, Balsan’s After-Sales Service must be immediately informed, prior to cutting and sealing. Failing this, the complaint will not be valid.
Moreover, no complaints will be valid in the following cases:

• damage caused by accidents, fire, explosions, flooding or negligence occurring during carriage, warehousing or handling before or after laying (any accident for which a third party is liable);
• improper conditions of use, in particular laying on floors equipped with underfloor heating reaching a temperature of more than 40°C and outdoor use;
• damage caused by abrasive or sharp objects, oxidizing chemicals, colouring agents or burns.
• shading inherent to all cut pile carpets;
• damage of any kind caused by uneven floors, defective laying, objects or agents external to the room, furniture or equipment that has not been protected or that is not suitable for the flooring, a lack of upkeep or unsuitable upkeep given the amount of traffic;
• non-compliance with our laying and upkeep conditions; (available on request or on our website);
• variations to the weight or number of rolls that make up the total quantity ordered;
• discolouring caused by voluntary or involuntary exposure to chemical products that do not comply with our upkeep instructions;
• odour issues caused by gluing, if the upkeep products used do not comply with our laying recommendations;
• damage arising from the fact that the use properties of the carpet do not match the requirements of the room in which it is fitted;
• mixing of batches that has not first been approved by Balsan.
• the mark of the first winding is a normal phenomenon of compaction of the velvet and is reversible by moistening the area with steam or water. (Cf. Balsan Technical Paper).

7        Price

Our prices are firm and definitive for the delivery date set out in the order acknowledgement.

Our prices may be subject to change if the customer delays the delivery date by more than 30 days when the prices invoiced may relate to the tariff applicable on the delivery date.

In the event of a spike in our costs (raw materials, energy, transport, exchange rate, etc.) and according to “unpredictability” within the meaning of article 1195 of the Civil Code”, BALSAN reserves the right to change its sales prices without respecting specific deadlines.

In accordance with Article R. 541-119 of decree 2021-1941 of 31 December 2021 relating to the increased responsibility of producers for products and construction materials in the construction sector, the part of the unit cost borne by Balsan for waste management is passed on to the purchaser without any possibility of a reduction.

8        Terms of Payment
Full payment without any discount shall be required at the time of ordering for any Customer not covered by credit insurance or for any Customer whose solvency does not meet our criteria.

Other orders are payable without any discount at the latest 30 days after the invoice date.

9        Default of payment
Any delay in payment entitles us to suspend automatically the execution of all orders or deliveries in progress without the Customer being able to claim any damages or compensation of any kind.

In the event of non-payment, the Customer shall be liable for a late payment penalty equal to the ECB rate plus 10 points and a fixed indemnity for collection costs of 40 euros (article L 441-6 and D441-5 of the French Commercial Code).

In addition to the late payment penalty, a fixed indemnity equal to 15% of the amount including VAT of the unpaid amount may be demanded as a penalty clause.

The return of an unpaid bill of exchange shall result in the forfeiture of the term for all outstanding debts, without prior formal notice.

10       Decline in the Customer’s Financial Position
In the event that the purchaser’s creditworthiness declines, we reserve the right to require the purchaser to provide such guarantees as we deem fit, even after partial shipping of an order, with a view to proper performance of the undertakings given. In the event that the purchaser refuses to meet our requirements, we reserve the right to terminate, as of right, all or part of the contract.

11       Cancellation Clause – Cancellation as of Right
In the event that the purchaser fails to pay the price by the agreed payment date, or within eight (8) days

following initial formal notice that goes unheeded, the sale shall be cancelled as of right unless Balsan decides otherwise.
This provision applies whenever Balsan decides that it should apply, without prejudice to the effects of the retention of title clause or those of the foregoing provisions on events of default, the right to contractual damages and late payment interest. The foregoing is without prejudice to the legal and financial consequences of any legal proceedings.

12      Industrial Property
Any and all design rights and trade marks held by Balsan are its exclusive property. Accordingly, the
reproduction or use of all or part of our designs or trade marks is strictly prohibited without our prior
consent. Non-standard productions will be covered by a specific agreement entered into between the seller and the purchaser.

13      Clause relating to the processing of personal data

Personal data are processed in order to fulfil the purpose of these general terms and conditions of sale.

The buyer and BALSAN are responsible for processing the personal data required to fulfil the purpose of these General Terms and Conditions of Sale. The buyer is responsible for informing his employees that their personal data may be processed by third parties such as BALSAN as part of the fulfilment of these General Terms and Conditions of Sale. All processing of personal data by BALSAN is carried out in compliance with the “BALSAN  Personal Data Protection Policy” and the GDPR. For further information about the purposes of this processing and the way in which BALSAN processes information about the buyer’s persons concerned, please see the confidentiality policy on the website.

14      Jurisdiction
Any disputes arising in connection with this agreement or any matters or issues arising in connection
herewith shall be subject to the jurisdiction of the Commercial Court of the place of our registered office, which shall have exclusive jurisdiction. This express jurisdiction clause also applies in the event of multiple defendants and to any and all applications, including interlocutory applications, for the joinder of third parties or for third party claims for indemnity.

15.     Language

In case of any discrepancies between the French version and any other versions of our General Terms of Sale, the French version shall prevail.

RETENTION OF TITLE CLAUSE
It is expressly agreed that title to the sold goods will only pass upon the payment in full of the price,
notwithstanding the fact that the sales are concluded ex-works.
Accordingly, we reserve the right to apply, whenever necessary, the provisions of the laws on retention of title to the benefit of the seller.

Balsan general sales conditions and laying and upkeep information are also available in seven languages at www.balsan.com