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General Terms and Conditions of Sale and Delivery
Figuet Technique Sàrl – CH-1131 Tolochenaz – CHE-191.173.907

Valid for all services provided from 21.03.2024

1. Scope of Application
1.1 These general terms and conditions of sale and delivery of Figuet Technique Sàrl apply to all sales and deliveries from the supplier to its customers, provided they have not been supplemented by a written agreement adopted by mutual consent between the parties.

1.2 The Seller conducts its sales based on these general terms and conditions, which constitute the law of the parties, notwithstanding any contrary stipulation or document, such as the customer’s general purchasing conditions. Any order, to be valid, implies unreserved acceptance of the general terms and conditions of sale below and the provisions of our various tariffs.

2. Order
2.1 Any documents transmitted to the Seller by the Buyer, bearing an order and signed by the latter, are binding. We do not acknowledge receipt of orders; any order not refused within 8 days is considered accepted.

2.2 Once the offer is accepted, the prices are fixed and non-revisable, except if the goods cannot be delivered within one month.

3. Delivery
3.1 The supplier is not bound by delivery deadlines unless otherwise stated in the contract. Any communicated delivery and installation deadlines are indicative.

3.2 Delivery will be effective after full payment of the goods and within a period of 10 days.

3.3 Failure to meet the indicative delivery deadline by Figuet Technique Sàrl due to reasons beyond its control (blockades, strikes, supplier, transporter, or factory delays) does not entitle the customer to damages or cancellation of the contract.

3.4 The risk is transferred to the buyer upon the availability of the goods (upon installation or loading). It is the buyer’s responsibility to protect the value of the goods, which remain the property of Figuet Technique Sàrl until full payment is received.

3.5 The buyer is required to inspect the goods immediately upon delivery. Any product not corresponding to the delivery note or showing visible defects must be reported by mail or email within 5 days of receipt of the goods, failing which, the deliveries and services will be deemed approved.

4. Order Cancellation
4.1 The order is considered firm and cannot, in principle, be canceled or modified. In case of order cancellation, return of goods, and non-acceptance of the latter, the buyer agrees to pay a compensation of 30% of the contract or invoice amount.

4.2 In the case of an order for a product not in stock, custom-made or with a personalized configuration, the total price of the item remains due in full.

5. Prices
5.1 When establishing an offer, we indicate the current prices and block them for the entire validity period of our offer.

5.2 Our prices, tariffs, advertisements, catalogs, etc., are indicative, and we reserve the right to modify them at any time without notice.

5.3 If the order confirmation reaches us after the expiration of our offer and a price increase or decrease has occurred, the applicable price will be the one in effect on the day the sales contract is concluded.

5.4 Prices are blocked from the date of the offer’s signature until the billing of services. In the case of a supplier price increase of more than 8% during this interval, prices may be adjusted during billing after written notice to the buyer proposing a cost-free contract cancellation and a 14-day reflection period. In the event of cancellation under these circumstances, the buyer waives any claims for damages.

6. Billing
6.1 Before any delivery or withdrawal, the invoice for the goods must be paid in full.

6.2 In all cases, the seller reserves the right to set a maximum credit in any form, beyond which it may require immediate payment.

7. Payment Terms
7.1 The invoice is issued according to the contract’s payment conditions.

7.2 The client is required to honor all payments in Swiss francs without any deduction. Unjustified deductions may be invoiced, including the resulting administrative fees.

7.3 A 7-day period from the invoicing date is granted to submit any claims or corrections to the accounting department. After this period, the delivery is deemed accepted by the client and final.

7.4 The invoiced amount is due on the specified civil date on the invoice. The default interest rate is 9%. The contractor reserves the right to refuse an order until all outstanding debts are settled.

8. Retention of Title
8.1 Figuet Technique Sàrl remains the owner of all delivered goods until full payment of the invoice is received.

8.2 The supplier is authorized to register the retention of title in the official register and undertake all related formalities at the client’s expense.

8.3 The client is also required to take all measures to prevent the supplier’s property rights from being jeopardized.

9. Installation Standards
9.1 Product installation is subject to the manufacturer’s standards, AEAI standards, and local regulations.

9.2 Installations are carried out according to the standards in force at the installation date. We cannot commit to any changes in standards occurring after our work.

9.3 It is your responsibility to transmit the certificate of conformity to your municipality’s safety officer once the work is completed.

9.4 We do not commit to installations performed by unqualified persons or by other parties unless they are commissioned by Figuet Technique Sàrl.

10. Warranty
10.1 The warranty conditions applied to our products are those of the manufacturer.

10.2 The warranty does not cover (unless otherwise specified) parts considered as wear parts (glass, grills, brazier, or internal walls made of brick, vermiculite, steel, or cast iron).

10.3 In case of improper use of the product, use of inappropriate fuel, or lack of maintenance as specified in the maintenance manual, the warranty is void.

10.4 The warranty covers only the delivery of replacement parts but not the labor for their replacement.

10.5 For products sold directly without installation or with installation by a third party, we do not provide any warranty on the assembly or malfunction resulting from non-compliant installation or not following the manufacturer’s installation instructions.

10.6 We do not guarantee the heating concept, which must be calculated by an engineering office.

10.7 Installation with an external air supply is dependent on VMC and kitchen hood ventilation. We are not responsible for misuse and resulting damages (blackening of the wall, ceiling, smoke in the room, etc.). Opening a window is necessary when using the kitchen hood simultaneously with the stove.

10.8 Installations, even closed appliances, can also be dependent on external factors. No guarantee can be given on the appliance’s operation if installed without a direct air intake in premises equipped with air-extracting systems (VMC, kitchen hood, high staircases). An air intake is necessary for proper operation.

10.9 Appliances with closed doors must be used with the door closed. In case of malfunction or damage during or after use with the door open, the responsibility lies with the user, as the appliances are not designed for such use.

10.10 For points 10.7 and 10.8, the SIA 2023 standard applies.

11. Returns
11.1 We are free to accept certain items the buyer wishes to return for a credit note, provided they are standard parts and part of our regular stock. However, there is no obligation to take back materials.

11.2 All specially ordered items are not returnable.

12. Specific Conditions for Orders Placed on Our Website
Orders placed on our internet platform are subject to the following specific conditions:

12.1 Returns for small items (product valued under CHF 200.- excl. VAT) are accepted without penalty within 15 days after receipt of the order by the buyer (delivery date). However, shipping and packaging costs (from our warehouse to the customer’s home, even if offered during the order, and return from the customer’s home to the address indicated on the RMA) are not refunded and remain due.

12.2 Returns of small items (as per point 12.1) giving rise to a credit note only concern items returned in their original, unopened packaging. Otherwise, the refund value of the product may be reduced or the item not accepted for return.

12.3 The prices displayed in the online order are deemed correct but subject to reservation. A final confirmation (quote or invoice) containing the prices validated by our sales team will be communicated to you in due course. Therefore, the prices are displayed subject to change.

13. Data Protection
All personal data will be considered confidential. Information necessary for order management will be processed electronically and may be communicated to associated companies in the context of order management.

14. Applicable Law and Jurisdiction
14.1 These conditions are subject to the exclusive application of Swiss law. The legal forum is at 1131 Morges, Switzerland.

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