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General sales conditions applicable to decoration professionals

The present sales conditions are printed on the back of our sales documents. By the simple fact of confirming an order, the customer recognizes having read and accepted these conditions.

 

1 – SALES PRICE

Our merchandise is billed in EUROS based on the prices applicable on the order date. All initial orders are systematically issued in the form of a pro forma invoice. The minimum fabric order size is 1 meter. For any order under 250 €, administrative fees of 18 € will be due with the exception of sample orders. Aside from wall-to-wall carpeting and sofas, all merchandise is delivered postage paid within the European Economic Area at the rate applicable for the country of destination only for our resellers and by the forwarders chosen by PIERRE FREY SAS. For any EX-WORKS sale, the buyer has the choice of the carrier and is responsible for all costs, including those of placing the sale at FOB. Inventory reserves are valid for 15 days. Sampling hangers & cuts & books are sold by unit and billed at current prices. The memo samples available to you without charge will be invoiced at 20€/each if they are not returned within a two month period. For the sofas, prices in white are increased by 12% for any order where the customer provides the fabric. In case of special manufacturing a variation + / - 10% of the delivered quantities is tolerated. 
The stockist hereby declares and guarantees PIERRE FREY that they do not sell PIERRE FREY merchandise on their website or any other website and undertakes not to sell PIERRE FREY products on any website in the future. The stockist recognises that the act of selling PIERRE FREY products on a website would have the effect of disrupting PIERRE FREY’s sales network and PIERRE FREY would consider it a case of unfair competition. Should the stockist fail to comply with this undertaking, PIERRE FREY may decide to stop supplying merchandise to the stockist, or impose a price increase of 25% as a penalty.

 

2 - CONDITIONS OF PAYMENT 

Unless otherwise specified, our invoices are payable in Paris and within 30 days from the end of the month. In the event of late payment, we reserve the right to suspend or cancel ongoing invoices without prejudice to any other legal recourse. The purchaser must always cover costs incurred due to unpaid bills. Moreover, as explicitly agreed, unless carried forward on request and agreed by us, failure to pay in accordance with any of the agreed deadlines implies that:
1) All sums still unpaid will be immediately due for all types of payment agreed upon, even if these involved issuance of bills of exchange.
2) In accordance with the article L 441-6 of the French Commercial Code, late payment penalties are due in the absence of settlement the day after the due date stated on the invoice. This interest for late payment is calculated at the annual rate of 10%.
3) The payment of a lump-sum fee for debt collection amounting to 40€.
A down payment of 50% is required for any order requiring special production (fabrics, furniture, carpets & rugs, confection) or for any order over 6000 € not including tax.
For furniture (custom-made or not), all orders are registered for production only upon reception of an order confirmation, signed and stamped by the customer and accompanied by a check covering a down payment of 50%.

 

3 – RETENTION OF TITLE CLAUSE

Ownership: Pierre Frey shall maintain ownership of merchandise delivered until payment in full of the principal, expenses and incidentals, and eventually charges. These arrangements shall not hinder the transfer to the buyer of the risks of loss or deterioration of goods sold, and the damages they could cause, as soon as the sale is complete. As defined in the present clause, provision of a title involving an obligation to pay (such as a Bill of Exchange or other title) does not constitute payment. Non-payment at any deadline may lead to an action for recovery of the goods. The buyer also refrains from pledging or assigning as a guarantee the ownership of the products delivered by PIERRE FREY SAS. For furniture, no compensation may be claimed by the purchaser under any circumstances if the fabric has been provided by the purchaser and is included in the furniture by the seller.

 

4 – DELIVERY TIMES

The delivery times specified in our order confirmations are only given as an indication and any possible delays do not grant the purchaser the right to cancel the sale, refuse the merchandise, or claim damages. All partial deliveries will be subject to partial invoicing payable according to the agreed conditions. All deliveries are made Monday to Friday and can be made with a further fee on Saturday. We reserve the right to discontinue any reference as shown in our price lists without claim possible.

 

5 – CONFORMITY OF COLOURS AND MODELS

Given the impossibility to guarantee absolute conformity from one production to the other, we recommend you request a sample from the fabric in question indicating the approximate amount in meters that you may require so that we can reserve a portion of the fabric for you for 15 days maximum. For sofas, we reserve the right to make any modification to our models without prior notice should we judge it necessary.

 

6 – ACTS OF GOD AND FORCE MAJEURE

The company is free from the obligation to deliver in the case of acts of god and force majeure. In particular, events of force majeure include total or partial strikes, floods, fire, etc... 

 

7 – TRANSPORTATION AND CONDITIONS APPLICABLE TO PROFESSIONALS

All merchandise sold travels at the purchaser's own risk for all types of transportation. In the case of shipping via express at the request of the customer, or for cash on delivery, a lump sum will be invoiced. For furniture and carpets & rugs, any delivery to a professional or private customer will be accompanied by an estimate.

 

8 - RECEPTION OF MERCHANDISE

Any claims must be made by the recipient to the transporter within a month, date of invoice, otherwise no claim will be receivable by PIERRE FREY SAS. It is important to examine the delivered merchandise with care before use, including verification of number of meters and any possible defects. No claims will be accepted following cutting or use, and in any case after one month from the delivery date. Our responsibility is strictly limited to the value of the invoiced goods.
If the deliveries are made by a third party, the customer must ensure that the goods are received, checked and satisfactory. We advise that a sample be sent to the third party to allow for checking. For reversible fabric or in case of doubt, please specify the side required.

 

9 – RETURN OF MERCHANDISE

We would like to ask you to contact us prior to any return of merchandise. No returns will be accepted without prior written authorization. For any returns where the cause is not attributable to us, a reduction of 20% will be applied to the credit in question established upon receipt of the merchandise, which must be returned to us in perfect condition postage paid. If goods returned are damaged a 50% will be deduct from the credit note. No credit will be possible without a return voucher included with the consignment. We cannot accept returns concerning countermark products that we distribute as well as special manufacturing.

 

10 – INSTRUCTIONS FOR USE & GUARANTIES

The description of the goods in the seller’s catalogue and price-lists is given for information only. The repeats and widths may vary slightly by +/- 5% from one production to another. The seller reserves the right to amend the characteristics of products without altering the price-list. If some of the product characteristics are considered essential to the purchaser, he shall request confirmation and guarantee in writing. The seller can only inform or give advice to the purchaser about the product when given the opportunity to do so. The professional buyer is the sole judge of the intended use of the product ordered, and is responsible for the consequences resulting from this use.
Our specific advice: 
Fabric shrinkage varies and depends on the fabric's composition and construction. Shrinkage will not be accepted as a reason for any claim. Before using a fabric for curtains, wall-covering or loose covers, please take into consideration its composition, construction, type of backing and the atmospheric conditions of the room. In light of these characteristics, shrinkage of 3% to 5% in both length and width should be expected. As viscose is an artificial fibre made from cellulose, it is particularly sensitive to humidity. Note also that dry cleaning can cause slight shrinkage.
Washable fabrics: For such fabrics, possible shrinkage must be taken into account. We advise that the fabrics be washed or aged prior to preparation or use. The spinning must be moderate, at maximum 600 turns/minute.
Velvet: No complaints regarding shading or crushing due to shipping or changes in light refraction due to use will be accepted.
Special treatments: (flame proofing, stain-resistance, etc...): Such treatments are carried out under the sole responsibility of the customer who must request and accept a trial beforehand. They must be unpacked and checked upon receipt.
Artisanal wallcoverings can have different aspects from batch to batch and in the same roll. These irregularities are an inherent feature of the production method and cannot be considered as grounds for complaint. Before installation, examine each roll to see if there are any faults or batch differences. Inspect each strip after installing and stop work if the result seems unacceptable. No claims will be accepted for the supply of wallcovering beyond 3 drops. The manufacturers guarantee is limited to the replacement of merchandise recognised as defective by the vendor and excludes any costs incurred for installation or removal or any losses incurred for whatever reason.

 

11 – ADDRESS DESIGNATION AND JURISDICTION

In the event of litigation, the Tribunal de Commerce de Paris is the only competent court for all delivery locations, payment methods accepted, and even in the case of an action against a debt guarantor or more than one defendant. With the exception of special or written agreements, any order implies full agreement by the purchaser to our general sales conditions, notwithstanding any contrary clause included in his own general purchasing conditions.

 

12 - DATA PROTECTION

Information requested when placing orders is mandatory for us to treat and process your orders. This is being used to follow orders, send invoices, emails and telephone communications.
PIERRE FREY SAS is responsible for the treatment of this data.
Shipping companies carrying these orders will also have access to this data.
Data will be kept for 5 years after orders are entered. As per the European General Data Protection Regulation (GDRP), you as a client, have the right to ask for access to your personal data and any modifications, cancellations, and purpose limitation. You have the right to disagree with data treatment and data sharing.
These rights can be expressed to PIERRE FREY SAS to the following address 47 Rue des Petits Champs 75001 Paris - France or to rgdp@pierrefrey.greenshift.eu
You have the right to complain to the CNIL responsible for reinforcing the GDRP.

 

13 - INTELLECTUAL PROPERTY RIGHTS

For any order using a design provided by the customer, the customer guaranties that the design is in the public domain or the property of the customer. This is guaranteed by the order itself against any claims. In the event of no observance of this clause, legal prosecution may be instituted.

 

Date of update: November 8, 2019