These General Terms and Conditions of Sale apply exclusively to the supply of merchandise (edgingstones and kerbstones, setts, cobbles, pebbles, bollards, exterior furniture…) marketed by the company NOBLÉMA Diffusion. Any order placed with NOBLÉMA Diffusion implies unconditional compliance with these General Terms and Conditionsof Sale.
Your attention is drawn to the fact that by virtue of order n°86-1243 of 01/12/1986, the present General Terms and Conditions of Saleprevail over any other type of agreement and do so without any possibility of negotiation, in keeping with the principle of non-discrimination.
Every client is systematically provided with these General Terms and Conditions of Sale prior to placing anorder. Consequently, the simple fact of placing an order implies that the client expressly and unconditionally agrees to these General Terms and Conditions of Sale.
NOBLÉMA Diffusion is an importer of finished products in natural stone : setts, flagstones, kerbstones, edgingstones, fountains…
Special orders can be arranged upon prior agreement between NOBLÉMA Diffusion and the buyer. The photographs provided on the company’s website or in the catalogue are as accurate as possible but cannot provide perfect similarity with the product, in particular with regard to the colour or grain of the products proposed. Our materials are extracted from quarries, the colours and hues of the products vary depending on the area from which they are extracted and therefore cannot be guaranteed from one delivery to the next. Sandstone and limestone are not guaranteed to be freeze-resistantunless we explicitly specify otherwise.
Regarding the sale of new granite natural stone : there is a risk of oxidation with granite. We advise you to treat granite with an anti-rust maintenance product. No claims either before or after laying will be accepted.
Regarding the sale of reclaimed paving setts, kerbstones and edging stones : as these are recycled products, we cannot provide the client with a guarantee of regular or uniform dimensions and colours. With sawn sandstone setts there is a risk of rusting due to the oxidation of this stone. No claims will be accepted before or after the product is laid.
Invoices are established in accordance with the price that was communicated to the client and are established in euros. No reduction will be granted to the client for anticipated payment or payment in cash.
Should a client ask to modify an order this request will only be taken into consideration by NOBLÉMA Diffusion if received in writing before the products are shipped and subject to explicit prior acceptance of the request by NOBLÉMA. Any order placed with NOBLÉMA is considered to be firm and definitive and cannot be cancelled under pain of payment of damages to NOBLÉMA.
As NOBLÉMA makes use of the services of external transport companies it cannot guarantee delivery times. NOBLÉMA can only provide the client with an approximate delivery date.
NOBLÉMA will not be held responsible for any late delivery and should a projected delivery time be exceeded this will in no way give rise to the payment of damages to the buyer or to the cancellation of the order. Furthermore, delivery times are subject to the buyer’s providing the seller with all the necessary elements in good time. We would strongly advise all clients to order any special materials well in advance in order to ensure that they are delivered as early as possible. NOBLÉMA Diffusion is released, ipso jure, from all commitments regarding delivery times in the following cases :
- the buyer has not respected the terms and conditions of payment;
- the buyer has not provided the seller in good time with the information required in order to carry out the order;
- In the event of force majeure or events such as : strikes, lockouts, uprisings, wars, international complications, requisitions, floods, bad weather, interruption of or delays in transportation, serious accidents with the manufacturing tools, etc.…Any delays caused by our own transporters, regardless of the cause, constitute a contractual force majeure.
The client undertakes to check the merchandise upon reception. The client is required to verify the state, the quality, the quantities and the reference numbers of the merchandise. The client must make any claims relative to the state, the quality, the quantities and/or the reference numbers of the merchandise delivered on the shipping voucher and the latter must be conveyed to us by registered mail with acknowledgment of receipt within two working days of the delivery date.
NOBLÉMA Diffusion will not take into consideration any claims made after this deadline. In the event of a claim made by the client with regard to visible defects or the non-conformity of the products, the client must provide proof of the claim and also provide NOBLÉMA Diffusion with the possibility of verifying the existence of the said defects itself. The client shall abstain from intervening himself or from asking a third party to intervene on his behalf in order to remedy the said defect. Where NOBLÉMA Diffusion does find a visible defect or the non-conformity of a product, the client will be able to obtain replacement of the incriminated product or a refund, but the payment of any damages whatsoever is excluded.
No returns will be accepted without prior agreement. Materials cannot be returned if the product delivered is in conformity with the order or in the case of special orders (sawn setts, ponds, fountains etc. in dimensions requested by the client). Shipping of any returns agreed to will be carried out at the buyer’s expense.
TERMS AND CONDITIONS OF PAYMENT
All invoices established by NOBLÉMA Diffusion are payable in euros at the registered head office in Drumettaz-Clarafond or by bank transfer.
- As soon the client validates the order he has
placed he will be required to pay 30% of the total invoice, taxes
Non-payment, regardless of the chosen manner of payment, will result in the totality of all outstanding debts, even those not yet due, becoming immediately payable and will result in the payment of penalties in addition to any eventual court costs and legal interest.
In the event of refusal to pay an invoice or any payment incident whatsoever, NOBLÉMA Diffusion reserves the right to ask for guarantees, to suspend or to cancel orders already underway, even those that they have accepted, or to only fill orders upon cash payment of the invoice, before delivery.
RETENTION OF OWNERSHIP CLAUSE
All merchandise remains the property of NOBLÉMA Diffusion until full payment is made.
In the event of partial non-payment, NOBLÉMA Diffusion can, as of right, proceed with retrieving the merchandise or can hold back any merchandise on order. Should the buyer file for bankruptcy, become the object of judicial settlement, of a plan for the cessation of business activities or of liquidation of assets, NOBLÉMA Diffusion has the right, at any time, to demand that its merchandise be returned to it or to proceed with retrieving merchandise belonging to it from the buyer’s premises, which the buyer, in advance, explicitly authorises him to do in the event of non-payment by the due date.
The client acknowledges that he has made himself acquainted with the retention of ownership clause and undertakes to comply with the said clause without restriction or reserve.
SETTLEMENT OF DISPUTES
Any breach of the preceding General Terms and Conditions of Sale will be brought before the competent court of the place where the registered head office of NOBLÉMA Diffusion is located.
Weight and surface area covered by the different dimensions of reclaimedsetts, joints included :
- 15x15x15: 250 kg/m² – Leeway 5 % to 7 %, joints included
- 14x20x14: 265 kg/m² – Leeway 5 % to 7
%, joints included
- 18×18: 295 kg/m² – Leeway 5 % to 7 %,
- 5x15x thickness 6/8 cm: 135 kg/m² – Leeway 5 % à 7 %, joints included
- 14x20x thickness 6/8 cm: 135 kg/m² – Leeway 5 % à 7 %, joints included
Top surface of sawn setts
- Tops of sawn setts: 1 pallet = 13 m²
Leeway upon ordering: + 5 % to
8 % of the surface to be covered.
Example : With a surface area of 100m2 to cover you would need to order 108 m2 of setts. The additional 8m2 are needed to take offcuts, earth, cutsand flawed setts into account.