Geschäftsbedingungen

Terms and conditions of sale

This Sale Agreement is a legal contract between the Customer and the company CREATION SUD.

 Any order placed on the online store www.decorativeconcrete-europe.com requires prior consultation of these Terms and conditions.

The customer accepts this Sale Agreement by making a purchase or placing an order on the website. The terms and conditions of this Sale Agreement are subject to change without prior notice. Consequently, the consumer is fully informed that his agreement concerning the content of these conditions does not require the handwritten signature of this document, as far as the customer wishes to order online the products presented in the framework of the shop website. As a consumer, the customer has specific rights, which would be called into question in the event that the products or services acquired through the website would actually related to his business. The online shop set up by the company CREATION SUD through the website lists the following information:

  1. Disclaimer enabling identification of the company CREATION SUD
  2. The essential features of the goods offered
  3. Indication, in Euros of the price of goods and, where appropriate, delivery charges
  4. Indication of arrangements for payment, delivery or performance
  5. The existence of a right of withdrawal
  6. The validity of the offer or the price

 All this information is presented in English. The consumer states have full legal capacity to engage under these terms.

Article 1 - COMPLETENESS

These terms represent all obligations of the parts. In this sense, the consumer is deemed to accept without any reservation all the provisions of these terms and conditions. No general or specific in documents sent or given by the consumer may be incorporated herein, since these documents are inconsistent with these terms and conditions.

Article 2 - PURPOSE

These terms and conditions define the rights and obligations of parts under the online sale of goods and services offered to the consumers by the company CREATION SUD.

Article 3 - CONTRACT DOCUMENTS

This contract concerns the following contractual documents, presented in descending order: these terms and conditions; purchase order. In case of contradiction between provisions contained in documents of different ranks, the provisions of the higher rank document shall prevail.

Article 4 - COMING INTO FORCE

These conditions come into force on the date of signing the purchase order. These general conditions are concluded for the duration necessary for the provision of goods and services, until the expiry of the guarantees owed by the company CREATION SUD.

Article 5 - ELECTRONIC SIGNATURE

The "double click" consumer under the purchase order constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.

Article 6 - ORDER CONFIRMATION

The contractual information will be confirmed by e-mail no later than the time of delivery or failing that, to the address specified by the consumer in the purchase order.

Article 7 - PROOF OF THE TRANSACTION

The records stored in the information system of CREATION SUD, within reasonable security conditions, will be considered as a  proof of communications, orders and payments between the parties. The filing of purchase orders and invoices is made on a reliable and durable can be produced as evidence.

Article 8 - PRODUCT INFORMATION

8-a: The company CREATION SUD presents, on its online store, the products with the features necessary to allow compliance with Article L 111-1 of the Consumer Code, which provides the possibility to know, for a potential consumer before placing order, of the essential characteristics of products they wish to buy.
8-b: It is the consumer's responsibility to ensure compatibility of products purchased with the nature of the work required. CREATION SUD customer service is at the consumer's disposal to guide him in his purchases, but it can not be held responsible for a wrong destination or misapplication of such products.
8-c: The offers presented by the company CREATION SUD are valid only within the limits of available stocks.

Article 9 - PRICES

Prices are quoted in euros and are valid at the date of the mailing of the order by the consumer. They do not include delivery charges, charged extra, and indicated before the validation of the order. The prices include the VAT applicable in France at the date of the order and any change in the VAT rate will be reflected on the price of products in the online store. Payment of the full price must be made when ordering. At no time, payments can not be considered as a deposit or installments.
For professional consumers who have they own VAT number, an reserved access offers to them to order without VAT.

Article 10 - PAYMENT

To set the order, the consumer has, at its option, all payment methods listed in the order form. The consumer provides the company CREATION SUD it has the required permission to use the payment method chosen by him, while validating the order. The company CREATION SUD reserves the right to suspend any order and any delivery in case of refusal to authorize payment by credit card from certified financial institution or in case of nonpayment. The company CREATION SUD specifically reserves the right to refuse to make a delivery or to honor an order from a consumer who has not fully paid or a previous order or with whom a payment dispute is being 'administration. The company CREATION SUD has implemented an order check-out procedure to insure no one is using the bank details of another person without his knowledge.

Article 11 - PRODUCT AVAILABILITY

The order will be executed no later than within five days from the day following that on which the consumer placed his order. In case of unavailability of the product ordered,  the consumer will be informed at the earliest and will have the opportunity to cancel the order. The consumer will then have the option of requesting either a refund of amounts paid within 30 days at the latest of their payment, or exchange the product.

Article 12 - DELIVERY

The maximum delivery time is stated on the website www.decorativeconcrete-europe.com and depends on destination. It is indicative and without guarantee. It is also of right suspended by any event beyond the control of CREATION SUD and having the effect of delaying the delivery. Exceeding this limit can result in any deduction or allowance. CREATION SUD reserves the right to select the carriers and to split deliveries.

Article 13 - METHOD OF DELIVERY

The products are delivered to the address specified by the customer on the order form and only in EUROPE. The consumer has to check the state of the packaging and the goods on delivery and report any damage to the carrier on the delivery form, and inform immediatly the company CREATION SUD.
The consumer may, at his request, obtain sending an invoice to the billing address and not the delivery address by validating the option provided for this purpose on the order form. Regarding shipping, we work primarily with road hauliers. When the shipment start, you immediately receive an email informing you. The place of delivery indicated on the order form will not be changed in transit.
The products distributed on our site www.decorativeconcrete-europe.com are, for the majority of orders, usually very heavy in terms of volume and weight. They are, in general, delivered on a pallet by a road carrier. It is the consumer's responsibility to ensure that the place of delivery specified is accessible by truck and delivery of pallets is possible. If our carrier was faced with a problem of access or traffic congestion on the delivery place, de-palletizing would be borne by the consumer.
We disclaim any responsibility for the longer delivery times due to the carrier, including for loss of goods, natural disasters or strikes.
The consumer must accept a package if the package contains no trace of shock or leakage. CREATION SUD advises to open the parcel and check the goods before signing the delivery form in front of the deliveryman.

Article 14 - DELIVERY PROBLEMS DUE TO THE CARRIER

Any anomaly concerning the delivery (damage, missing product compared to the purchase order, damaged package, broken products ...) must be indicated on the delivery form noting "with reservations", accompanied by the signature of the customer. The consumer must confirm this problem by sending a mail to the carrier within 24 hours following the date of delivery.
The consumer must send a copy of this letter by fax or by mail to:

CREATION SUD - Customer Service
505 Rue Victor Baltard,
ZI Les Milles,
13852 Aix en Provence Cedex 3
FRANCE
+33 442 293 663

CAUTION: The generic reserves of type "subject to unpacking", "damaged parcel" or "de-filmed palette" have no legal value.

Article 15 - ERRORS ON DELIVERY

15-a: The consumer must inform the company CREATION SUD the same day delivery or later than the first business day after delivery, any claim of error of delivery and / or nonconformity of products in kind or in quality compared to entries on the order form. Any claim made after this time will be rejected.
15-b: The formulation of this claim  to the company CREATION SUD can be made:
 - Primarily by phone at +33 442 293 663 from Monday to Friday from 8:00 to 12:30 and 14:00 to 18:00
 - By logging on our website under the heading "follow your order" "where, after entering your customer number, you can ask your question through the menu contact us specifying the reference of the order.
15-c: Any claim not made in the rules defined above or made outside of time limits could not be taken into account and release the company from liability CREATION SUD screw the consumer.
15-d: Upon receipt of the complaint, the company CREATION SUD allot a number of exchange of the product (s) concerned (s) and communicate by e-mail, fax or telephone to consumers. The exchange of a product can take place only after the allocation to the consumer of a number of exchange according to the approach outlined above.
15-e: In case of delivery error or exchange any product for exchange or refund must be returned to the company CREATION SUD in its entirety, in its original packaging, and by the same carrier that it have be sent..

Adress to return:
CREATION SUD - Customer Service
505 Rue Victor Baltard,
ZI Les Milles,
13852 Aix en Provence Cedex 3
FRANCE
+33 442 293 663

To be accepted, any return will be reported prior to Customer Service CREATION SUD.

Article 16 - PRODUCT WARRANTY

According to Article 4 of Decree No. 78-464 of March 24, 1978, the provisions hereof may not deprive the consumer of the legal guarantee which obliges the seller to guarantee against all consequences of latent defects of the thing sold . The consumer is expressly informed that the company CREATION SUD is not the producer of all products featured in the website within the meaning of Law No 98-389 of 19 May 1998 on the Liability defective products. Therefore, in case of damage to a person or property by a defect in the product, only the responsibility of the producer thereof could be sought by the consumer, on the basis of information on the packaging of the product. The conditions and the manufacturer warranty period are shown on the relevant products.

Article 17 - RIGHT OF WITHDRAWAL

The consumer has a period of 10 working days to return, at its expense, the products do not suit him. This period starts from the date of delivery of the order of the consumer. If this deadline expires on a Saturday, Sunday or a holiday or holiday, it is extended to the next business day.
The formulation of this claim  to the company CREATION SUD can be made:
 - Primarily by phone at +33 442 293 663 from Monday to Friday from 8:00 to 12:30 and 14:00 to 18:00
 - By logging on our website under the heading "follow your order" "where, after entering your customer number, you can ask your question through the menu contact us specifying the reference of the order.
The product should be returned by carrier:

CREATION SUD - Customer Service
505 Rue Victor Baltard,
ZI Les Milles,
13852 Aix en Provence Cedex 3
FRANCE
+33 442 293 663

Only products returned, will be entire, in their original packaging complete and intact and in perfect condition for resale. Any product that has been damaged or whose original packaging has been damaged, will be refunded or exchanged.
This right of withdrawal is without penalty, except for return shipping fees. In the event of exercising the right of withdrawal, the consumer has the option of requesting either a refund of amounts paid, or exchange the product. In the case of an exchange, the return will be at the expense of consumers.
In case of exercising the right of withdrawal, the company CREATION SUD will make every effort to refund the consumer within 15 days. However, given the technical nature of products sold, this period may be extended to 30 days, especially when the product needs a technical audit in the laboratory.
The consumer will then be refunded by re-credit of his bank account (secure transaction) if paid by credit card or check in other cases.

Article 18 - FORCE MAJEURE

Neither party will failed in its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or force majeure. Be considered fortuitous event or force majeure any compelling facts or circumstances, outside parties, unpredictable, unpreventable, independent of the will of the parties and which can not be prevented by them, despite all the efforts reasonably possible. The party affected by such circumstances shall notify the other within ten working days of the date on which it becomes aware. Both parties will then, within a month, unless unable due to force majeure, to examine the impact of the event and agree the conditions under which the contract will be continued. If the force majeure lasts more than three months, these terms may be terminated by the injured party. Explicitly, are considered as force majeure or unforeseeable circumstances beyond those usually retained by the jurisprudence of courts and tribunals French: blocking means of transportation or supplies, earthquakes, fires, storms, floods, lightning, stop telecommunication networks or difficulties specific to telecommunication networks to the customers.

Article 19 - NO PARTIAL VALIDATION

If one or more provisions of these terms are held to be invalid or declared as such under any law, regulation or following a final decision of a competent court, other provisions shall remain in full force and scope.

Article 20 - NO WAIVER

The failure of either party not to claim a breach by the other party to any obligations contained in these Terms and conditions shall be construed in the future as a waiver of the obligation in question.

Article 21 - TITLE

In case of difficulty in interpretation between any of the titles at the head of clauses, and any of the clauses, the titles will be declared nonexistent.

Article 22 - APPLICABLE LAW

These terms and conditions are subject to French law. In case of dispute or claim, the consumer will apply primarily to the company CREATION SUD for an amicable solution. If unable to reach an amicable agreement, all disputes relating to the interpretation and execution of this contract will fall under the exclusive jurisdiction of the Chamber of Commerce of Marseille.

Article 23 - DATA PROTECTION

The information requested from the consumer is required to process the order and may be provided to contractors of the company CREATION SUD occurring within the framework of the execution of this command. Consumers can write to the company CREATION SUD whose coordinates are within the privacy policy contained within the website, to oppose such disclosure or to exercise its rights of access, rectification at against information concerning and contained in the files of the company CREATION SUD, as provided by the law of January 6, 1978.