Terms & Conditions
Preamble
Les Tentes d’Avalon, hereinafter referred to as ‘the seller’, is a company that manages the distribution of Yurts and Tipis.
No sale is made without full prior information.
Information relating to the buyer‘s specifications, systematically given verbally, is also permanently available in writing on this website ‘vivrelayourte.fr’, and given when the tent is collected or delivered.
For items resold as is, the purchaser must refer to and comply with the instructions mentioned on the packaging.
It is clear from this preamble that all means of informing the purchaser in advance have been implemented, and that the purchaser has all the time in the world before making a decision in order to act in complete mutual confidence.
- Article 1 – Orders, Requests for quotations
- Article 2 – Seller’s obligations
- Article 3 – Buyer’s obligations
- Article 4 – Prices, terms of payment, invoicing
- Article 5 – Transfer of ownership, Transfer of risks
- Article 6 – Warranties
- Article 7 – Dispute management, penalty clause
- Article 8 – Delivery times
Article 1 – Orders, Requests for quotations
All our sales are subject to the clauses and general conditions below, unless we expressly waive them in writing. The purchaser acknowledges and accepts these conditions by giving us his orders in writing, by telephone, by e-mail or by any other common means of communication.
The seller does not take back or exchange the goods sold.
Orders or requests for quotations may be made by post, e-mail or telephone.
The order will be considered definitive on receipt of a deposit covering two thirds (2/3) of the total amount.
Article 2 – Seller’s obligations
In addition to the obligation to provide information mentioned in the preamble, the seller‘s specifications include all the detailed technical conditions mentioned in the quotation prior to any sale and/or provision of services.
Delivery is not included in the price quoted, unless otherwise stated.
A contribution towards road costs, depending on the distance to be covered, or transport costs to arms (inaccessible sites), and, in the context of article 5, any additional insurance premium taken out for exceptional cases, may be added (and, in this case, are mentioned separately in the quotation).
Delivery times are given as an indication only and are subject to the availability of the basic materials required to make the tents.
Non-compliance with delivery times shall not give rise to any claim for compensation, and the purchaser expressly waives the right to invoke the provisions of article 1611 of the French Civil Code.
The agreement on delivery times is approximately 3 to 4 months and constitutes a mutual and reciprocal commitment between the vendor and the purchaser.
The seller undertakes to use its best endeavours to meet the delivery or takeover deadlines, as previously agreed.
In the event of any delay due to supply difficulties or for reasons of force majeure, the seller may under no circumstances be held responsible for any material loss that may occur.
For example: accommodation, performances, exhibitions, etc.
Article 3 – Obligations of the purchaser
The purchaser undertakes to comply with the price conditions set out and signed in the preliminary estimate, and to pay them in full within the stipulated timescale.
The purchaser undertakes to comply scrupulously with all the specifications given to him, particularly with regard to the preparation and accessibility of the land on which the structure is to be erected (flat and level land), as well as heating and maintenance.
The purchaser undertakes not to take any initiative without first discussing the matter with the seller within a reasonable timeframe.
Any request for transport and any possible request for installation exceeding the basic contractual limit will be subject to additional invoicing.
The purchaser undertakes to collect the equipment ordered, in accordance with the due date previously agreed between the parties.
All products made available must be paid for as soon as the worksite is completed, with reference to the dates contractually agreed in writing, even if the purchaser is unable to collect the goods immediately; a period of 8 to 10 days may be granted on special request and by mutual agreement. Beyond this period, the seller may undertake to store the goods for a fixed monthly fee of €50.
In this case, the purchaser assumes full responsibility for the materials stored and the seller cannot be held liable for any theft or potential damage.
The purchaser formally undertakes to comply with the specifications, regulations and instructions provided by the seller.
The purchaser of services undertakes to book his application at least one month prior to the proposed schedule and to pay for the service in accordance with the preliminary estimate when the order is confirmed.
Any overrun of the service at the purchaser‘s request will be subject to additional invoicing under the terms of the quote.
The purchaser is the sole judge of the use he makes of the goods ordered and he is responsible for the consequences of this use, defects or hidden faults ignored by the seller who may be obliged to replace the part outright, without any compensation of any kind.
Products found to be defective must be sent to the seller‘s head office for a standard exchange or repair.
Article 4 – Prices, terms of payment, invoicing
Except for products resold as is, prices are set in accordance with the conditions set out in the quotations and the conditions prevailing at the time (materials, hourly rates for work, travel costs, delivery costs, etc).
Price maintenance conditions, confirmation deadlines and payment conditions, which vary according to the situation, are also specified in the quotation at the appropriate time, taking into account the time required to make a decision.
Whatever price splits may be offered on the quotation, they may under no circumstances be treated as credit or a loan. In the event of payment in instalments, manufacturing work will not commence until the first instalment of the price specified in the quotation has been received. Final payment is then made at the latest at the same time as the products are made available, which are only delivered on this express condition.
Payment for orders for services shall be made in advance and in full at the time of configuration; the price shall be forfeited to the vendor in the event of total or partial absence of the purchaser, unless the purchaser is able to propose a replacement solution offering the same guarantees of solvency. In the event of cancellation due to force majeure, this must be genuine and justified.
Payment for maintenance and/or decoration and/or equipment products must be made in cash at the time of collection of the goods, or in advance, where applicable, in the case of shipment.
Payment must be made in full before the goods are transported, which is the responsibility of the purchaser.
The seller retains ownership of the goods until payment has been made in full and reserves the right to reclaim the said goods if payment is not made by the agreed date (for example, in the case of an uncovered cheque).
Article 5 – Transfer of ownership, Transfer of risks
Whether it is a case of collection on site or delivery subject to carriage and/or travel costs, transfer of ownership does not take place until full payment for the order has been made (at the latest, therefore, as soon as the products or objects ordered have been made available).
In this case, depending on the individual situation, the seller reserves the right to increase its prices according to the cost of the insurance taken out in respect of the risk incurred, unless the purchaser expressly requests in writing, and within a sufficient period of time, to take responsibility for the control and cost of this transfer of risk.
If shipment is requested, the seller transfers the risk to the transport company, in accordance with the terms and conditions for covering this risk, which will be included in the price re-invoiced accordingly (reminder: payment is then made in full in advance).
The seller cannot be held responsible for the transport of the goods once the packages have been dispatched.
Article 6 – Warranties
The purchaser is covered by the warranty for hidden defects for a period of one year.
As the seller‘s business is not in the building industry, the ten-year warranty is not applicable.
See also article 2 for free supplies and services.
Article 7 – Dispute management, penalty clause
In the event of a difference of opinion and/or dispute between the parties, they undertake, prior to any costly legal recourse, to seek the best compromise mutually agreed on amicably, even if this means agreeing on the choice of one or more external advisors.
Should this prior search for a compromise fail, it is agreed to refer the matter to the competent courts at the seller‘s head office.
Article 8 – Delivery times
The agreement on delivery times is approximately two months and constitutes a mutual and reciprocal commitment between the seller and the purchaser.
The seller undertakes to do its utmost to meet the delivery or collection deadlines, as previously agreed.
In the event of any delay due to supply difficulties or reasons of force majeure, the seller may under no circumstances be held responsible for any material loss that may occur.
For example: accommodation, performances, exhibitions, etc.
In addition, the purchaser undertakes to collect the equipment ordered in accordance with the due date previously agreed between the parties.
All the products made available must be paid for as soon as the work is completed, with reference to the dates fixed contractually in writing, even if the purchaser is unable to collect the goods immediately; a period of 8 to 10 days may be granted on special request and by mutual agreement.
The seller may undertake to retain the goods for a monthly fee of €50 from the date on which the prior period expires.
In this case, the buyer will be entirely responsible for the materials stored.
Under no circumstances will the seller be held responsible for theft or potential damage.