TERMS OF SALES
1.1 Unless otherwise stipulated, accepted by us in writing, our general conditions of sale below are the only ones valid.
1.2 All documents, catalogues, notices, technical specifications and prices are provided for information purposes and do not bind the Manufacturer. Our models and prices are subject to change without notice.
1.3 Any order automatically implies the Purchaser's acceptance of the conditions below.
2.1 The deadline indicated on the order confirmation remains indicative, and claims for damages for non-compliance with deadlines will therefore be inadmissible.
2.2 The seller is released, with full rights, from any commitment relating to the delivery time:
- in the event that the terms of payment are not respected by the Buyer;
- in the event that the Purchaser has not provided the information necessary for the execution of the order in due time;
- in the event of force majeure or events such as: strikes, lockouts, riots, war, international complications, requisition, fire, flooding, interruption or delays in transport, major accidents in manufacturing tools.
3.1 The prices of the packaging are normally included in the prices, except in special cases and specified in the price lists and proposals.
3.2 Our goods are sold, picked up and approved at our Manufacturing Workshops; even when they are sent free, they travel at the risk and peril of the recipients, who must, when taking possession of the packages, check them in the presence of the carrier. Even if the packaging appears intact, if there is damage, missing or substitution, their observation must be recorded in the carrier's signature book and these reservations confirmed by registered letter within 3 days of receipt (art.105 of the Commercial Code).
3.3 It is up to the recipient to exercise his recourse against the carrier in the event of missing items, damage or delays. The risks relating to the thing sold therefore automatically pass to the Buyer's charge upon shipment or removal from our Workshops.
3.4 Any delay in delivery requested by a customer, will give rise, if it exceeds 15 calendar days in relation to the confirmed shipping date, to the invoicing of storage costs and will result in full payment of the invoice by the customer.
4.1 Conditions of application of the guarantee:
- The guarantee will be taken into account on presentation of the dated purchase invoice mentioning precisely the CINIER commercial reference of the product concerned.
- Any complaint must be sent by the customer (billed by CINIER) to Cinier after-sales service.
- No direct complaint from the user can be taken into account.
- Only the exchange or the repair of the defective part can be carried out. If this proves to be essential and after expertise, the replacement of the complete device will be carried out.
- In the event of replacement of the defective part or the complete device, the costs of transport, removal and installation are excluded from the guarantee - The installer must be insured against any damage.
4.2.Restrictions: The warranty does not apply if the following conditions have not been met:
- storage protected from humidity.
- implementation and installation according to the rules of the art.
- use with 230 V household current
- use in accordance with CINIER instructions for use
The warranty does not apply to any damage resulting from an overvoltage or other anomalies in the supply and distribution circuits.
Restrictions specific to central heating radiators:
- that the heating elements have been stored in good conditions, in particular sheltered from bad weather and shocks, before their installation on the site
- that the water used to supply the heating circuit is neither aggressive nor corrosive...
- that the circuit is free of metal debris, scale, grease, etc.
- to generously size the expansion system in order to avoid frequent topping up with water
- to have a permanent overpressure at all points of the installation,
- to also avoid abnormal water top-ups, due to leaks, parasitic withdrawals or other causes,
- that in the case of use of antifreeze, this one is of appropriate quality to the central heating, and is never used pure, but diluted with the desired percentage (without excess nor insufficiency) before its introduction in the circuit.
- that the service pressure of the heating elements guaranteed by the manufacturer corresponds to the maximum current operating pressure
Additional restrictions for central heating and electric version appliances:
- Slight cracks in the stone may appear without affecting the safety, operation and performance of the device. They do not affect its longevity in any way. These slight cracks cannot be a reason for replacing the heating elements under warranty.
- The guarantee excludes the deterioration of the radiators due to glass breakage on the "glass on stone" radiators.
- The warranty does not apply to replacement or repairs resulting from normal wear and tear, deterioration or accidents due to faulty assembly, lack of maintenance or supervision, use of the equipment in the conditions for which it was not intended. In addition, the benefit of the guarantee would be automatically suspended in the event that the terms of payment for the equipment are not observed by the Buyer.
- The warranty only applies if these devices are used in accordance with the usual conditions of individual or tertiary housing, in particular they must not be:
- subjected to intensive and permanent ambient humidity (swimming pool, etc.)
- cleaned with products that may alter the properties of the original oxides and patinas.
4.3 Duration of warranty: Pursuant to article 1792.3 of the Civil Code:
- 5 years from the date of installation for the heating body
- 2 years for electrical accessories and spare parts.
4.4 Legal guarantee
a) Independently of the commercial guarantee, our company remains bound by the legal guarantee of conformity mentioned in articles L. 211-4 to L. 211-13 of the consumer code and that relating to defects in the thing sold, in the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.
When acting as a legal guarantee of conformity, the consumer:
– has a period of two years from delivery of the property to act;
– can choose between repairing or replacing the good, subject to the cost conditions provided for in article L. 211-9 of the consumer code;
– is exempted from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
The consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and that in this case, he can choose between the resolution of the sale or a reduction of the selling price. in accordance with article 1644 of the civil code.
In accordance with article L.211-15 of the Consumer Code, these legal provisions are fully reproduced in the booklet(s) of our company's free commercial guarantees.
5. INVOICING - PAYMENT
5.1 Prices are exclusive of tax. Invoices are drawn up at the rate in effect on the day the equipment is made available at the factory and are payable 30 days from the end of the month, unless otherwise specified on the order acknowledgment. Settlement is deemed to have been made on the date on which the funds are made available by the client to the beneficiary or his deputy.
5.2 The terms of payment agreed with our customers cannot be delayed under any circumstances. In the event of non-payment of one of the due dates for sale, assignment, pledge, or contribution to the company of its goodwill or equipment by the installer or the distributor, all sums due by the latter become immediately due and payable. CINIER then reserves the right to suspend the execution of registered orders.
5.3 In the event of non-payment on the due date, late payment interest will be debited on the basis of 1.5 times the legal interest rate in accordance with the law of 31 December 1992. In the event of recovery by bailiff or court, compensation equal to 15% of the amounts due will be payable as penalties.
6. RETENTION OF OWNERSHIP
By express agreement, this sale is concluded on the condition that the stipulated price is fully paid to allow the transfer of ownership to the buyer. The delivery of bills of exchange or other securities creating an obligation to pay does not constitute payment.
In the absence of payment for the goods, the seller may, by simple registered letter, put the buyer on notice to return the goods at the latter's expense, risk and peril within 48 hours. In the event that this formal notice remains unsuccessful, the seller would be entitled to physically take back the goods sold at the buyer's expense. In addition, the buyer will be liable for late payment penalties in accordance with the terms provided by law as well as for any damages.
In accordance with Article R 152-1 of the Consumer Code, you can use the mediation service free of charge (FOR EXAMPLE: MEDYCIS, electronically: www.medicys.fr, or by post: MEDICYS- Center amiable des huissiers de justice- 73, Boulevard de Clichy, 75009- Paris), for all complaints related to a purchase during the last 12 months.
The outcome of the mediation will occur, at the latest within 90 days from the notification of its referral by the Mediator. In the absence of agreement between the parties, the dispute may be brought before the competent court of the plaintiff's domicile.
We remind you that recourse to mediation is only possible on the condition that your complaint has not been examined beforehand by a judge or another mediator, and that it has already been the subject of an appeal. with our After-Sales Service.
This dispute mediation does not apply to disputes between professionals.
In the event of a dispute relating to an order, a supply or its payment, even if it has been the subject of the creation of a bill of exchange (drafts), as well as the interpretation or execution of the above clauses and conditions, the Commercial Court of Montpellier will have sole jurisdiction, regardless of: the place of delivery, the method of payment accepted, and even in the event of a warranty claim or multiple defendants. By this clause, the parties intend to derogate from any other jurisdiction clause that may exist on their commercial forms.
These general conditions cancel and replace the previous conditions.