Fields of application of these conditions / formation of the sales contract
These conditions apply automatically to all sales of L’ATELIER BERTOLI products. The sale is deemed concluded on the date of acceptance of the order by L’ATELIER BERTOLI.
Any order implies unreserved acceptance of these general conditions of sale which prevail over all other conditions, with the exception of those which have been expressly accepted by L’ATELIER BERTOLI.
In the event of the presence of a plan annexed to the estimate or the order form, it is an integral part of the estimate and will be deemed expressly accepted by the customer by his acceptance of the estimate or the order form.
The estimate or order form cannot be integrated into or form part of any works contract unless expressly accepted by L’ATELIER BERTOLI and after any modifications to the said estimate or order form taking into account the new situation requested by the customer. .
2.1 Placement of the order
The quote has been established as an estimate based on the data provided by the customer. It does not constitute an opinion, nor advice (notably technical), nor a recommendation.
Acceptance of the order or the estimate is formalized by L’ATELIER BERTOLI and the effective collection of the deposit provided for in the estimate or order form.
2.2 Changes to the order
In the event that it proves necessary to modify the order due to erroneous or incomplete information given on the order, the buyer must bear any additional costs that may result therefrom.
The seller reserves the right at any time to make any improvements or modifications deemed necessary to the products. The buyer acknowledges that he tolerates all non-substantial modifications necessary for the installation and proper functioning of the product, resulting in particular in a manufacturing deviation in the measurements indicated when ordering or in any documents issued by L’ATELIER BERTOLI. In this respect, modifications of this nature cannot be considered as a lack of conformity.
ATELIER BERTOLI reserves the right to replace certain materials ordered with materials of equivalent or superior quality when production is stopped or modified by the manufacturer, without this being interpreted as a termination of the contract.
2.3 Cancellation of the order
Pursuant to Article L228-28 of the Consumer Code, the consumer does not have a right of withdrawal if the goods are made according to the consumer’s specifications, which is the case for the services of L’ATELIER BERTOLI.
In the event that the customer wishes to cancel his purchase, he must let it be known by recorded delivery and pay L’ATELIER BERTOLI a sum equivalent to 50% of the amount including tax of the order, provided that production has not yet started. If the production of the goods ordered began prior to receipt of the customer’s letter informing him of his wish to use this option, the forfeiture is, in this case, qualified as late, ATELIER BERTOLI will then have the faculty to refuse the cancellation of the order and to legally compel the sale if necessary by seeking any damages. If L’ATELIER BERTOLI accepts the cancellation of the late sale, the customer will be required to pay it, as a penalty clause, an amount that would not be less than 50% of the market price, in addition to all the costs that would necessitate a possible legal recovery procedure. In full or partial payment of all sums owed by the customer and in application hereof, ATELIER BERTOLI may withhold all or part of the deposits that may have been paid by the customer.
Article 3 Warranties
Our manufacturing is carried out according to the rules of the art in accordance with the DT4 36-1 standards in force and benefits from legal guarantees.
3-1 – Warranty restrictions: maintenance and external works
Entrance doors must be placed under shelter from bad weather (awning, overhang, etc.). Depending on their exposure, stains degrade by erosion or chalking within 1 to 7 years. A light sanding and the application of a coat of light-coloured stain with a high percentage of dry extract will be necessary: this maintenance is the responsibility of the customer.
All our doors are made of solid wood, dried at a hygrometry rate of 10 to 12%, any exposure in a high humidity environment would cause irreversible damage which cannot be covered by the guarantee. The doors must be stored in a dry and well-ventilated room, and not in work areas generating strong increases in humidity (plaster, tiles, etc.). Entrance doors delivered sanded must be treated and stained three coats as soon as they are installed to avoid any moisture absorption.
3-2 – Warranty restrictions: maintenance and interior works
Doors must imperatively be stored in a dry and well-ventilated room, and not in work areas generating strong increases in humidity (plaster, tiles, etc.). Interior doors delivered sanded must be treated with a varnish or painting as soon as they are applied to avoid any moisture absorption.
ATELIER BERTOLI cannot be held responsible for damage resulting from non-compliance with these instructions.
3-3- Warranty restrictions: accessories
In the event of a defect in the “hardware” accessories, within 4 weeks, subject to the supplier’s deadline, a standard exchange of the accessories will be offered.
3-4- Disclaimer of warranty
Excluded from the guarantee are works damaged by a case of force majeure, by excessive exposure to the sun or bad weather.
The work is carried out in accordance with the rules of the art, ATELIER BERTOLI cannot be held liable for damage to the product delivered or withdrawn resulting from a lack of installation, or a lack of protection before its installation. and after its delivery.
In the event that the liability of L’ATELIER BERTOLI is engaged, it will be limited to the recovery of defective work.
Article 4 – Recommendations for the use of an entrance door
To avoid any risk of accident, pinching or crushing, please keep all people, especially children, away from the hinge elements when the door is in opening or closing operation, on the hinge or pivot side.
As a door manufacturer and using hardware from our suppliers, ATELIER BERTOLI disclaims all liability in the event of an accident. »
Article 5 – Manufacturing times
ATELIER BERTOLI undertakes to give a firm manufacturing deadline as soon as the period necessary to carry out the checks and technical information relating to the order has expired.
ATELIER BERTOLI undertakes to deliver or have delivered the product on the agreed date unless the customer fails to comply with its contractual or extra-contractual commitments or force majeure. The delivery period will be extended in particular in the event of non-payment of the contractually agreed installments.
The customer undertakes to be present or to be represented on the day of delivery scheduled by L’ATELIER BERTOLI who will have notified him if possible at least 8 days in advance. In the event of the absence of the customer or his representative, the contractual delivery times will be postponed by one month and new delivery costs may be invoiced to the customer without the latter being able to object.
Article 6 – Transportation
Delivery can be made by a carrier.
When delivery is made by a carrier, the goods travel at the risk and peril of the customer, who may make reservations in the event of damage or loss to the carrier. ). The latter must formulate them upon receipt of the goods on the dispatch note presented to him by the driver. Confirmation of the dispute must reach the carrier by registered letter with acknowledgment of receipt within 48 hours.
Article 7 – Terms of payment
Except for express conditions, the prices of the products sold, with the exception of delivery costs, are those fixed on the accepted estimate or on the order form. These prices are on this date firm and definitive. They are expressed in euros and stipulated all taxes included. VAT is calculated at the rate in effect on the date the contract is signed. Any modification of this rate between the signing of the contract and the payment of the last invoice will be passed on to the buyer.
Terms of payment
Payment for goods is made in cash, without discount. All orders give rise to the payment of a deposit. The deposit paid cannot be refunded in the event of cancellation of the order by the customer. For any order whose amount is less than €10,000 including tax, a 40% deposit is paid, 50% if the amount of the order is greater than €10,000 including tax, unless otherwise agreed upon when ordering. An interim deposit may be requested during production.
The balance of the price must be paid effectively and prior to the organization of transport.
If the buyer wishes, for his own reasons, to postpone the removal, the balance of the price must be paid in accordance with the estimate and cannot be postponed, failing which, this will be interpreted as a delay in payment with all the legal consequences therein. attached.
The buyer will not be able to proceed with a holdback, any discount for early or immediate payment or any other deductions of any nature whatsoever, in particular Participation in the pro rata account, late payment penalties.
In the event of non-payment on the due date, the buyer will be liable for penalties equal to three times the legal interest rate calculated on the price including tax of the order. This indemnity is due from the first day of late payment following the due date of the invoice.
A fixed indemnity of 40 euros will be automatically due for any late payment. The buyer will also be liable for all costs and fees incurred by L’ATELIER BERTOLI to assert its rights and recover its claim.
Article 8 – Retention of title Transfer of risks
In accordance with articles 2367 and following of the Civil Code, the goods as well as, by express derogation from article 551 of the Civil Code, the installation services, are sold with a clause expressly subordinating the transfer of their ownership to full payment of the price. principal and accessories.
These provisions do not preclude, upon delivery of the goods, the transfer to the buyer of the risks of loss, theft or deterioration of the goods subject to the retention of title as well as the damage they could cause.
In the absence of full payment within the period provided for by the parties, ATELIER BERTOLI reserves the right to take back the goods and, if it sees fit, to terminate the contract.
However, upon delivery, the risk of deterioration and the risk of damage that could result therefrom and those that could be caused to third parties are transferred to the buyer who must therefore take out insurance covering the said risks from the date of delivery. and see to the conservation of the property by taking the best possible care of it.
Article 9 – Force majeure
ATELIER BERTOLI will not be liable for any breach of contract if this breach is the direct or indirect effect of a case of force majeure such as, in particular, the occurrence of any natural disaster, extreme cold or heat, flood, fire, conflict, health situation that delays, interrupts or makes impossible the execution or manufacture and possibly the installation or repair of the product. These cases of force majeure can in no way give rise to a termination of the contract or to the payment of compensation for the benefit of the buyer.
Article 10 – VAT
The applicable VAT rate is that in force on the day the invoice is issued.
Subject to the tax regulations in force on the day the invoice is issued, VAT will apply at a reduced rate if the installation service is included in a dwelling completed more than 2 years ago. If the goods are intended for export, VAT will not be applied. Customs clearance formalities and payment of taxes in force in the country of destination are the responsibility of the customer.
Article 11 – Intellectual property
All technical documents, products, drawings, photographs given to buyers remain the exclusive property of L’ATELIER BERTOLI, the sole holder of the intellectual property rights to these documents, and must be returned to it at its request.
Buyers undertake not to make any use of these documents that may infringe the industrial or intellectual property rights of the seller and undertake not to disclose them to any third party.
Article 12 – Mediation
In the event of a dispute, the parties will endeavor to find an amicable solution; in the absence of an amicable agreement, the consumer may refer to the consumer mediator responsible for the professional.
Article 13 – Territorial jurisdiction clause
All disputes to which the operations resulting from the application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not be resolved amicably between the seller and the buyer, will be submitted to the competent courts under the conditions of common law.
For the definition of the competent jurisdiction, L’ATELIER BERTOLI elects domicile at ZI – 288, impasse de la Bégude – 30390 Domazan.
Article 14 – Language of the contract
These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
Article 15 – General Data Protection Regulation
ATELIER BERTOLI, whose registered office is located at ZI – 288, impasse de la Bégude – 30390 Domazan RCS Nimes n°433945417, is responsible for the collection and processing of the personal data it collects and undertakes to ensure that this data remains confidential.
Personal data will only be collected and used by L’ATELIER BERTOLI if the customer has consented, yes if this use is based on one of the legal grounds provided for by law, namely: the processing is necessary for the execution of the contract or pre-contractual measures, the processing is necessary for compliance with a legal obligation or the processing is necessary for the protection of our legitimate interests. The personal data processed and collected concerning the client is information relating to your identity and your project.
The purpose of collecting and processing this data will be used for the establishment of quotes, the execution of the order, the invoicing, the delivery, the possible after-sales service processing and the implementation of the legal guarantees. This data may also be used for the following purposes: commercial prospecting, sending commercial offers, carrying out satisfaction surveys, compiling statistics, transferring your data.
Your data is reserved for our files and may possibly be communicated to our partner companies belonging to our group and to our network as well as to companies holding a partnership contract with our group.
We inform you that your personal data will not be transferred outside the European Union. We undertake not to keep your data longer than necessary, i.e. 10 years for a client and three years for a prospect. At the end of these periods, the data will be destroyed or anonymized.
In application of the provisions of law n° 78-17 of January 6, 1978 relating to data processing, files and freedoms, we undertake to respect the legal rules for the protection of this type of data.
As such, the personal data concerning you will only be used for the strict purposes for which they are collected.
In accordance with the provisions of the law of January 6, 1978, you have the right to access and rectify personal data concerning you. You can exercise this right by sending us your request in writing.