HOME S.à r.l. GENERAL TERMS AND CONDITIONS OF SALE
General
- 1. These following general conditions are the only ones valid for all markets where HOME S.à r.l. acts as a seller, unless expressly and in writing agreed otherwise by us. Therefore, by accepting to contract with HOME S.à r.l., hereinafter referred to as the buyer, expressly adheres to these conditions and waives the right to rely on their own or any other conditions, whether general or specific, printed or not, unless they have been expressly approved in writing by HOME S.à r.l., hereinafter referred to as the seller.
Prices
- 2. Prices and terms of offers are not binding on the part of the seller. Only after the written confirmation by the seller does an order bind the seller. The dispatch of the goods or the invoice may replace the written acceptance of the seller.
- 3. Unless otherwise stipulated, prices are generally ex-store prices. A contribution to transport costs may be charged, depending on the order level and transport circumstances.
- 4. Prices always exclude VAT unless otherwise stipulated.
- 5. The selling prices indicated on the seller’’s price lists are based on the known purchase prices on the day of the offer. Any offer is only valid for one month unless otherwise indicated by the seller and within the limit of available stock. Any price change made by the seller’’s supplier will automatically result in an adjustment of the selling price indicated in the offer, an adjustment that will be of the same magnitude.
Deliveries
- 6. Deliveries are made by truck, provided that the road is passable. The unloading or the costs resulting from it are the responsibility of the buyer, who must also bear the costs resulting from the poor condition of the roads or the impossibility of unloading the delivery.
- 7. Delivery times are given as an indication only and start from the date of full receipt of the deposit. Therefore, their non-observance does not give the buyer any recourse or action for resolution.
- 8. In its absence, the buyer declares to authorize anyone on the delivery premises to validly receive the goods and waives any actions or claims for non-personal receipt of the goods.
- 9. Once the purchased goods are available in the warehouse, the buyer undertakes either to take them away or to accept delivery within one month. After this period, storage costs may be charged against him.
Payment
- 10.Invoices are payable in cash without discount unless otherwise agreed by the seller. Payment costs are borne by the buyer.
- 11. The seller reserves the sole discretionary right to accept or not the opening of a current account for natural or legal persons who have requested it. For this opening, the agreement of the credit insurance is also necessary. The seller expressly reserves the right to close or suspend the use of the current account and future and ongoing orders, especially in case of non-payment on the due date of the invoices. In this case, all other invoices, even if not due, become immediately due. During the formalities for the opening of the buyer’’s account, all purchases must be paid in cash.
- 12. Any invoice not paid by the agreed due date automatically bears interest at a rate that is 2% higher than the legal interest rate in commercial matters, from the date of maturity.
Retention of Ownership
- 13. The goods sold remain the property of the seller until full payment of the price by the buyer.
- 14. In addition, the seller reserves the right to have the act recording the sale transcribed in order to benefit from the seller’’s privilege as provided for by law.
Penalty Clause
- 15. Subject to the agreement of the seller, sales can be paid against the delivery of bills of exchange or drafts accepted by the buyer. But the non-payment of a bill will immediately make all the bills still in circulation due; the buyer will be put in default by registered letter.
- 16. Any sum not paid on the due date, eight days after the sending of a registered letter of formal notice will be, as a conventional penalty clause increased by 30% with a minimum of €50 and without prejudice to the clause relating to late interest.
Return and Exchange
- 17. Returns and exchanges must be expressly accepted by the seller. In case of agreement, the buyer must necessarily present the invoice or the receipt and the delivery note concerning the returned or exchanged goods. No exchange can be made beyond the period of 30 days after delivery. Only goods held in stock and in their original packaging can be exchanged. In case of return, the buyer must ask in writing if he wishes the returned goods to be collected by the seller. In this case, 15% of the price of the goods will be deducted from him for transport and other charges. When the return to the store is carried out by the buyer himself, only 10% of the value of the goods will be retained as charges. In case of return, a voucher valid for 3 months or a credit note will be given to the buyer.
Liability and Claims
- 18. The seller’’s liability in case of breach of its contractual obligations can only be invoked in the event of gross negligence on the part of the seller. In principle, the seller is not liable for the products sold. However, any liability of the seller judicially established can only give rise to damages up to €12,395.
- 19. Any complaint should, in principle, be made upon receipt of the goods or be compulsorily submitted in writing within 8 (eight) days after delivery. However, any complaint can only be accepted before the implementation of the merchandise.
- 20. Slight differences between the supplied goods and the samples presented at the time of the order do not justify any complaint, as long as the proper use is not compromised. The seller, in case of material impossibility to execute the order within the set deadlines, reserves the right to substitute goods initially planned with goods of equivalent quality.
- 21. For all work carried out by itself, HOME S.à r.l. grants a two-year warranty. Any claim must be submitted as soon as a defect appears, by registered letter.
Jurisdiction Clause
- 22. This contract is governed by Luxembourg law. Only the Luxembourg courts are competent.
Miscellaneous
- 23. The order is concluded on the above conditions, which the buyer acknowledges having read. Acceptance of delivery constitutes acceptance of the general terms and conditions of sale. In the event that one or more of the foregoing provisions are considered null and void, it is agreed between the parties that all others remain in force.
Additional Information:
- 24. HOME S.à r.l. may draw up technical plans for indicative purposes to facilitate the installation of elements on the construction site. However, these plans do not make HOME S.à r.l. an architectural firm. The client and the installer are responsible for checking them, adapting them as needed, or requesting adjustments. HOME S.à r.l. cannot in any case be held responsible for errors in these plans.
- 25. The 3D images created by HOME S.à r.l. are tools to help the client visualize the project. Although we strive to make them as realistic as possible, these images are not contractual. The client cannot make claims in case of differences between the actual result and the 3D images.
Last update: Oct 30, 2023