GENERAL TERMS AND CONDITIONS OF SALE
Rokmob
15 Rue des Chartreux
62500 Saint-Martin-Les-Tatinghem
France
Share Capital of 10,000.00 Euros – SIRET
Phone: 03 10 45 38 40
SIREN Identifier 924 777 774 00010
APE 47.59A
VAT FR56924777774
Registered with the RCS, number 924 777 774 R.C.S. Boulogne-sur-Mer
1 – General Clause
The company EMS SASU is the exclusive distributor of the ROKMOB® brand.
These General Terms and Conditions of Sale are deemed known to the buyer and applicable to all sales concluded with the company EMS SASU.
SASU with a share capital of 10,000 Euros, having its registered office in ST-MARTIN-LEZ-TATINGHEM (62500) at 15 rue Chartreux.
2 – Ownership and Confidentiality
The registered trademark ROKMOB® remains our exclusive property and may not be used without our agreement.
Studies, plans, drawings, and documents provided or sent by us remain our property. They may not be communicated to third parties for any reason or in any form whatsoever by the buyer.
3 – Price and Payment Terms
Our prices are quoted exclusive of tax (euros), to which delivery costs and VAT at the rates applicable at the time of quotation or order are added.
All credit notes are systematically deducted from a subsequent payment, and their values are subtracted from the total amount.
No service will be undertaken unless a purchase order has been dated and signed by us and a deposit of 30% of the total amount including tax of the order has been paid to us.
Our payment terms do not provide for any discount for early payment. Unless otherwise stipulated in writing, our invoices are payable upon receipt.
In case of late payment, compensation calculated on the basis of the interest rate applied by the European Central Bank to its most recent refinancing operation, increased by 10 percentage points, as well as a flat-rate indemnity of €40 for recovery costs, will be due. Late payment penalties are due without prior notice being
necessary.
4 – Legal Guarantee against Hidden Defects
The guarantee takes effect on the date of delivery of the goods. The following elements are excluded from this guarantee: All apparent or hidden defects resulting from non-compliant use of the goods by the customer – all damages resulting from cases of force majeure, including natural disaster, epidemic, earthquake, fire, flood, collective labor dispute, acts of war, civil wars, riot, insurrection, or acts of terrorism, acts of vandalism, damages caused by animals. Any goods that have been repaired or replaced under this guarantee will not have their guarantee period extended. In the presence of a lack of conformity or a hidden defect in the goods, the customer must notify EMS SASU in writing as soon as possible and no later than two weeks from the discovery of the defect, the date of receipt of the postal mail serving as proof. Failure to comply with this deadline will result in the customer being deemed to have forfeited the right to activate this guarantee.
5 – EMS SASU Warranty Conditions
The entire ROKMOB® range is guaranteed for life against breakage due to a manufacturing defect. Excluded from the warranty are: Deterioration related to non-compliance with precautions and advice for receiving, assembling, using, maintaining, and storing the furniture. Cases of alteration of the aesthetic appearance of tops, seats, and structures. Cases of alteration by non-recommended cleaning products. Cases of scratches or impacts caused by various objects. Cases of fire. Changes in the material’s appearance due to aging or climatic conditions. The ROKMOB® warranty is only valid upon presentation of the product’s purchase invoice.
6 – Products
The dimensions, color shades, appearance, structure, and weight of certain materials may be subject to variations inherent in their manufacturing or nature, falling within customary tolerances. The samples or illustrations presented in our commercial documents are not contractually binding. EMS SASU is in no way responsible for improper use of furniture or fittings resulting in injuries or similar consequences.
7 – Delivery Terms and Times
The transfer of risks and responsibility for the sold furniture takes place upon collection by the carrier from our workshop.
Without prejudice to the provisions to be taken with regard to the carrier, claims regarding apparent defects or non-conformity of the delivered product compared to the order must be made in writing by registered letter with acknowledgment of receipt within 5 days, excluding public holidays. No recourse is possible if specific reservations are not made.
The furniture or fittings ordered by the client will be supplied within a timeframe established between EMS SASU and the client, starting from the receipt of the corresponding duly signed purchase order, accompanied by the required deposit. This timeframe is not a strict deadline, and the Provider cannot be held liable to the Client in case of exceeding said timeframe.
In the case of fittings and the prior intervention of another professional, EMS SASU cannot be held responsible for a delay due to a service provider directly mandated by the client.
8 – Installation Conditions
Any intervention by the company SASU or its potential subcontractors will be pre-planned by our workshop manager. This intervention will only take place under acceptable working conditions (work area free of any occupation, clear access during the work period, safety conditions respected for all our personnel).
In the case of fittings, all layout modifications compared to the initial plans are the client’s responsibility.
10 – Retention of Title
The delivered goods remain the property of EMS SASU until full payment of the amounts due by the buyer. Failure to pay may result in the reclamation of the goods. These provisions do not prevent the transfer to the buyer, upon delivery, of the risks of loss and deterioration of the goods sold, as well as any damage they may cause.
11 – Jurisdiction Clauses
In case of dispute or contestation, only the Commercial Court of Boulogne-sur-Mer shall have jurisdiction. Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to French law.