Legal information

I - INTRODUCTION

The present document (and any document mentioned hereafter) establishes the general conditions of sale of the company's products and services (hereafter: the “Conditions”) to its professional customers. The present Terms and Conditions govern the various stages of the sale: from the placing of the order by the Buyer to the delivery of the Product and any disputes that may arise.

The sale is deemed concluded on the date of acceptance of the order by the Vendor. 

All orders imply unreserved acceptance of these general terms and conditions of sale, which prevail over all other conditions, except those expressly accepted by the Vendor.

Any modification of these terms and conditions requested by the Buyer must be requested in writing by the Buyer at the latest at the time of acceptance of the quotation, and must also be accepted by “AMR CONCEPT” in writing in order to be enforceable. 

II - INTELLECTUAL PROPERTY

All information, logos, models and visuals made available are the property of “AMR CONCEPT” and its creators. This includes, but is not limited to, photos, videos, texts, logos, documents, files and everything that contributes to the composition of the material or digital communication of the company “AMR CONCEPT”. 

“AMR CONCEPT”, ‘AMR FAMILY’, ‘AMR RESIDENCE’, ‘AMR SANTE’ and ‘Le confort à votre portée’ remain trademarks registered with the INPI under the respective numbers 4240464, 4240613, 4240600, 4240607, and 4240620 filed on 14.01.2016.

The Buyer therefore refrains from reproducing or exploiting the said photographs, presentations, studies, drawings and models, etc., without the express, written and prior authorization of the Seller, which may be subject to a financial consideration.

III - GENERAL DATA PROTECTION REGULATIONS

Protection of personal data

Any information or personal data that the Buyer communicates to the company “AMR CONCEPT” will be processed in accordance with the company's confidentiality policy. By contracting, the Buyer agrees to the processing of such information and data and declares that all information or data provided is true and accurate.

The information collected is processed for administrative and commercial purposes. All information is for the sole use of “AMR CONCEPT” and its authorized personnel.

The company responsible for processing personal data is “AMR CONCEPT”, a simplified joint stock company with capital of €5,000, registered in the Saint-Etienne trade and companies register under number 519 818 066, located at 13 boulevard Sagnat - ZI du Buisson, 42230 Roche la Molière, represented by Mr Rémy RIVORY.

In accordance with the French Data Protection Act of January 6, 1978, amended in 2004, and in compliance with the provisions of the General Data Protection Regulation (RGPD), No. 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of individuals with regard to the processing of personal data, the Buyer has the right to access, rectify and delete personal data concerning him or her. To do so, they must send an e-mail to the data controller at the following address: info@amrconcept.com, or by post to : “AMR CONCEPT, 13, boulevard Sagnat, ZI du Buisson, 42230 Roche la Molière. Data will be kept for a period of 10 years.

IV - ORDER

Any modification to the initial order must be the subject of an amendment detailing the additions and deletions envisaged. The new contract will only be formed if the modified quotation is accepted by the Buyer and, if applicable, the payment of the deposit is settled. As a professional, it is specified that the Buyer has no right of withdrawal concerning an order placed with the company “AMR CONCEPT”.

V - ELECTRONIC SIGNATURE PROCESS

The Buyer declares that he accepts that these terms and conditions may be signed, at the discretion of the company “AMR CONCEPT” via the electronic signature platform DocuSign on https://www.docusign.fr and acknowledges that the use of this electronic signature process constitutes a reliable identification process guaranteeing the link between the signatory, the electronic signature and the act to which it is attached in application of ;

- article 1367 of the French Civil Code;

“The signature required to perfect a legal act identifies its author. It manifests his consent to the obligations arising from this act. When affixed by a public official, it confers authenticity on the deed.

When it is electronic, it consists in the use of a reliable identification process guaranteeing its link with the deed to which it is attached. In the absence of proof to the contrary, the reliability of this process is presumed when the electronic signature is created, the identity of the signatory assured and the integrity of the document guaranteed, in accordance with the conditions laid down by decree of the Conseil d'Etat.

- And decree no. 2017-1416 of September 28, 2017 on electronic signatures,

said electronic signature platform using RGS and eIDAS-compliant electronic signature certificates issued by Docusign France, an approved company listed on the European Union Trusted List (https://webgate.ec.europa.eu/tl-browser/#/tl/FR/9).

URI information: https://www.docusign.fr/societe/politiques-de-certifications

VI - DELIVERY / ACCEPTANCE

Deliveries will be made within a maximum of 60 days from receipt by the Vendor of the duly signed purchase order accompanied by the amount of the deposit due on that date. 

The delivery period is given as an indication and without guarantee. No withholding or compensation may be claimed if the delivery time is exceeded. In addition, the delivery time indicated is automatically suspended in the event of any event beyond the control of the Vendor and resulting in a delay in delivery, or in the event of the Vendor's annual closure. In any event, delivery within the time limit can only take place if the Buyer is up to date with all his obligations towards the Vendor.

However, the Buyer may cancel all or part of his order 30 days after formal notice sent to the Vendor by registered mail with acknowledgement of receipt, which has remained unsuccessful. In this case, the Vendor will reimburse the Buyer for any advance payments already made.

Deliveries made by an independent carrier are deemed to have been made as soon as the products ordered have been handed over by the Vendor to the Carrier. The Buyer acknowledges that it is the Carrier's responsibility to make the delivery, the Seller being deemed to have fulfilled its delivery obligation once it has handed over the ordered products to the Carrier, who has accepted them without reservation. It is also specified that the Carrier alone assumes responsibility for loading operations, and remains liable for the harmful consequences of their defective execution, where applicable.

Upon receipt, the Buyer must check that the products delivered conform to those ordered and that there are no apparent defects. If no complaint or reservation is made in this respect by the Buyer on the day of receipt of the products, the said products may no longer be taken back or exchanged, in application of the provisions of article 1642 of the French Civil Code.

In the event of an apparent defect or non-conformity of the products delivered with the products ordered, identified by the Buyer on the day of receipt, the Vendor undertakes to replace the products delivered with new products identical to those ordered.

The costs incurred by the return and delivery of the new products shall be borne exclusively by the Vendor.

The company “AMR CONCEPT” undertakes, as an obligation of means, to make every effort to meet the delivery times announced. However, “AMR CONCEPT” may not be held responsible for non-execution or delays beyond its control, particularly, but not exclusively, in the event of a pandemic, an administrative decision restricting movement or confinement, force majeure making execution impossible, armed conflict, civil war, riot, acts of terrorism, social conflicts, recognized climatic events or natural disasters.

VII - RETENTION OF TITLE - TRANSFER OF RISK

Goods sold by the company “AMR CONCEPT” are subject to retention of title. 

The Seller retains ownership of said goods until full and effective payment of the price in principal and accessories by the Buyer. 

These provisions do not preclude the transfer of any risks that may be incurred or caused by the goods sold, as of that date.

In the event of non-payment on the due date, the Vendor may reclaim the products and terminate the sale, as specified above.

Cheques and bills of exchange are only considered as payment once they have been cashed. 

Until this date, the reservation of title clause remains in full force.

The Buyer has the right to resell the goods acquired under retention of title. The Buyer undertakes to inform any sub-purchaser of the goods of the existence of the retention of title clause and to inform the Seller immediately of any such sale, so that the Seller may preserve its rights and exercise any claim on the resale price.

L'Acheteur aura la faculté de transformer ou d'incorporer ledit bien mais s'oblige dans ce cas à payer immédiatement au Vendeur le solde du prix qui lui reste à devoir.

L’Acheteur informera la société « AMR CONCEPT » de toute intervention ou prétention d'un tiers susceptible de porter atteinte à ses droits, afin que ce dernier puisse s'y opposer.

L'Acheteur souscrira, à compter de ce jour, une assurance couvrant les risques que peut courir ou occasionner le bien vendu ;

Par dérogation à l’article 1583 du Code Civil, la livraison des produits opère transfert des risques à la charge de l’Acheteur, tant pour les dommages subis par les produits que ceux causés aux tiers.

VIII - VALUE-ADDED TAX

In accordance with applicable rules and regulations, all purchases are subject to Value Added Tax (VAT) at the rate in force at the time the order is placed.

IX - PRICES - TERMS OF PAYMENT

Products are supplied at the prices in force at the time the order is registered by the Vendor, expressed in legal currency and stipulated exclusive of tax, including delivery charges and packaging. These prices are, at this date, firm and definitive.

An invoice is issued by the Vendor and given to the Buyer upon delivery and/or installation of the products ordered.

Unless otherwise expressly stipulated in the special conditions, 30% of the sales price is payable by bank transfer at the time the order is placed. 

The balance is payable in cash on the day the order is placed. 

For foreign transactions, the terms of payment remain the same as regards deadlines, but payments will be made either by Swift transfer to the designated bank account, or by irrevocable documentary credit confirmed by the bank indicated by “AMR CONCEPT”.

Under no circumstances may payments due to the Vendor be suspended or be subject to any reduction or compensation without the Vendor's written agreement.

In the event of non-payment on the due date, penalties equal to the European Central Bank's (ECB) semi-annual reference rate (Refi rate), in force on January 1st or July 1st depending on the date of the order, plus 10 points. They will be applied from the day following the payment date shown on the invoice or, failing this, on the 31st day following the date of receipt of the goods or completion of the service.

Late payment penalties are payable without the need for a reminder. 

In application of article D. 441-5 of the French Commercial Code, in the event of late payment, the debtor will automatically owe its creditor, in addition to the late payment penalties already provided for by law, a fixed indemnity of 40 euros for collection costs.

Any payment made to the Vendor shall be deducted from the sums due, whatever the cause, starting with those due the earliest.

AMR CONCEPT” will issue an invoice in duplicate upon receipt of the order, one of which will be delivered to the Buyer on the same day. 

The invoice will include the information specified in article L. 441-9 of the French Commercial Code.

X - LEGAL WARRANTY

Products sold are covered by the legal warranty for hidden defects, as defined in article 1641 of the French Civil Code.

XI - CONTRACTUAL WARRANTY

In addition to the aforementioned legal warranty, the Products sold benefit from specific “AMR CONCEPT” contractual warranties, namely;

Furniture warranty :

- 2 years, parts on accessories,

- 5 years, parts on furniture

- 25 years, parts on hinges and pull-outs

Appliance warranty :

- 2 years, parts, 

Mechanism warranty :

- 2 to 5 years, parts, on motorization and electronics

Sanitaryware warranty :

- 2 years on sinks and mixers

- 15 years, parts, on stainless steel sinks (corrosion and weld resistance)

The contractual warranty takes effect on the date of purchase. It is specified that the contractual warranty does not preclude the benefit of the legal warranty due by the company “AMR CONCEPT” for hidden defects and faults.

The company “AMR CONCEPT” is released from any responsibility in the event of use, manipulation, integration, not in conformity with the instructions delivered with the products. Any installation of products ordered from the company “AMR CONCEPT” is carried out under the sole responsibility of the professional Buyer who acknowledges this.

In order to assert his rights, the Buyer must, on pain of forfeiture of any action relating thereto, inform the Vendor in writing of the existence of the screws within a maximum period of 48 hours from their discovery. The Vendor will replace or repair any products or parts deemed defective under the contractual warranty. 

The present warranty shall not apply in the event of abnormal use or use improper for the original purpose of the product as described in the recommendations for use supplied. 

XII - APPLICABLE LAW AND JURISDICTION

These general terms and conditions of sale shall be governed by French law. These terms and conditions are written in French. In the event of translation, should differences arise between the translated version and the French version, the latter shall prevail. 

If mediation fails, any dispute arising from the formation, interpretation or performance of the present contract will be subject to the exclusive jurisdiction of the courts of Saint-Etienne, France, notwithstanding multiple defendants or the introduction of third parties.

In the context of international relations, all disputes arising out of or in connection with this contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce, by one or more arbitrators in accordance with these Rules.

If both parties decide not to have recourse to arbitration, the dispute will be brought in the first instance before the Commercial Court of Saint-Etienne (France) and the applicable law will be French law. Nevertheless, the Vendor reserves the right to bring the dispute before a court in the purchaser's country, the applicable law possibly being the law of the debtor's country.