Terms of Sales

Term n°1: Overview

The General Terms and Conditions of Sale described hereinafter set forth the rights and obligations of Chat Maigre and its customer in connection with the sale of dedications on iron public benches

The buyer undertakes to adhere without reservation to the General Terms and Conditions of Sale in this contract for all services fulfilled by Chat Maigre.

Dedications are private properties of Chat Maigre

Please read the following Terms and Conditions carefully. It is understood that these General Terms and Conditions do not affect the rights of which you are entitled as a consumer.

Term n°2: Order acceptance

BEFORE :

You can verify your order (total Price) as well as correct your typing errors.

DURING :

You acknowledge that you have read, understood and agreed Naelou.com website terms and conditions.

To command the desired dedications, enter the product sheet bench by clicking on the photo or the reference, choose the quantity of wished characters and click on “Add with order”.

AFTER :

Our products are proposed as long as they are visible on the naelou.com site and while stocks last.

An e-mail of confirmation with your number of order as well as the detail of the wanted dedication will be sent to you on your e-mail box.

Any order will be accepted by Chat Maigre in the cases planned by the present General Conditions (for example: unavailability of a product, problems of payment). Your order will automatically be cancelled and no banking flow will be made.

We remind you that Chat Maigre reserves the right to refuse or cancel an order when dedications contain a SMS or foul language. Please be careful and correct your typing errors. We also refuse condolence dedications with sad mood concerning someone decease or a bereavement. The aim of the bench is to share the love but moreover happiness, not sadness.

An order can be canceled when a dispute concerning a prior order or any other good cause which existed with a customer.

Any cancellation of dedications on any legal grounds whatsoever is not refundable.

Besides, the web site naelou.com does not have authority to sell its products in important quantities. Consequently Chat Maigre reserves the right to refuse the orders of ......... (Number) identical articles.

To have information about the follow-up of your orders you can contact the customer service by e-mail:

Term n°3: Price

The price of the product being sold is to be the price in effect on the date on which the order is placed. They shall be expressed in Euros and calculated net of VAT. The rates are reduced accordingly.

Chat Maigre reserve the right to modify the prices at any time. Nevertheless, the company undertakes to invoice the goods at the price given upon order entry.

Term n°4: rebates or discounts.

The tariffs include rebates and discounts that Chat Maigre will grant on the basis of its results or the assumption by the buyer of certain services.

Term n°5: Discount

No discount will be given for advance payments.

Term n°6: Payment terms

Orders may be paid using a cheque or credit card

In the checkout process, a 10% down payment of the total amount of the invoice from the buyer to the exporter is typically required, the outstanding balance to be paid at the good acceptance.

Term n°7: Retraction

In accordance with provisions of Article L.121-21 of the French Consumer Code, you have a time of fourteen days retraction frank as from receipt of your products to exercise your right of withdrawal or repentance without having to give any reasons or incurring penalties

In case of exercise of the right of retraction, Chat Maigre will reimburse the sums paid the consumer within 14 days following the notification of your request and will only be made through the same means of payment that you used to pay for the order of the product.

Exceptions to a right of withdrawal

In accordance with the provisions of the Article L.121-21-8 of the of the French Consumer Code, The cancellation period does not apply to:

  •          Services which have been fully executed before the end of the withdrawal period and whose execution has begun, provided that the consumer has given his prior express consent to the performance of those services and has waived his right to withdrawal;
  •          The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period;
  •          Supply of goods made according to consumer specifications or clearly personalized;
  •          The supply of goods liable to deteriorate or to perish rapidly;
  •          The supply of goods which have been sealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
  •          The supply of goods which, after having been delivered and by their nature, are inseparably mixed with other articles;
  •          The supply of alcoholic beverages, the delivery of which is postponed beyond thirty days and the value of which is agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader;
  •          Maintenance or repair work to be carried out urgently in the consumer's home and expressly requested by him, within the limits of the spare parts and work strictly necessary to respond to the emergency;
  •          Providing audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
  •          Providing a newspaper, periodical or magazine, except for contracts for subscribing to such publications;
  •          Concluded at a public auction;
  •          Provision of accommodation services, other than residential accommodation, transportation services, car rentals, catering or recreational activities to be provided at a specified time or date;
  •          For the supply of digital content not provided on a physical medium whose execution has begun after express prior agreement of the consumer and expressly renounces his right of withdrawal.

Nevertheless, the trader must inform consumers that they do not have a right of withdrawal.

Term n°8: Late payment

In the event of non-payment total or partial of the goods delivered to the day of the reception, the purchaser must pay Chat Maigre a late payment fee equal to three times the statutory rate of interest applicable.

The legal rate of interest selected is that in force at the day of the delivery of the goods.

Effective January 1, 2010, the legal interest rate will be reviewed on a quarterly basis (By order of 2 August 2004, n°2014-947).

The penalty is calculated on the total amount including taxes of the residual amount, and runs as from the expiration date of the price without any setting in preliminary residence being necessary.

In addition to the payment has been delayed, including the advance, unpaid amount by its due date entails in good right a compensation fixed as 40 Euros under recovery costs.

Articles 441-6, Paragraph 12 and D.441-5 of the Commercial Code.

Term n°9: Resolutely clause

If in the fifteen days which follow the implementation of the clause "Non-payment", the purchaser did not discharge sums remaining had, the sale will be solved of full right and will be able to open right to the allowance of damages to the profit of Chat Maigre.

Term n°10: Title retention clause

Chat Maigre shall retain title to the products being sold until the price - principal and ancillary costs - has been paid in full. To that end, if the purchaser is subjected to statutory reorganization or is liquidated by court order, Chat Maigre reserves the right, as part of the collections procedure, to claim merchandise which has been sold but not yet paid for.

Term n°11: Force majeure

Chat Maigre shall not be held liable if its failure to perform any of its obligations described herein or late performance thereof arises from a case of force majeure. In that respect, force majeure shall mean any unforeseeable and irresistible external event within the meaning of Article 1148 of the French Civil Code (Code Civil).

Term n°12: Competent court

Any dispute relating to the interpretation and performance hereof shall be governed by French law.

If the dispute cannot be resolved out of court, it will be referred to the Commercial Court (Tribunal de commerce) of Toulouse.

Term n°13: Archiving Proof

Chat Maigre will archive the order forms and invoices on a reliable, durable medium which provides a true copy in compliance with the provisions of Article 1348 of the French Civil Code.

The parties shall consider Chat Maigre's computerized books as evidence of communications, orders, payments and transactions between the parties.

Term n°14: Intellectual property

All items Naelou.com are and remain the exclusive intellectual property of the author Chat Maigre. It is strictly forbidden to reproduce, exploit, redistribute o- reuse for any purpose whatsoever even partially, elements of the site whether software, visual or audio. Any simple bond or by hypertext is strictly interdict without a purposely written agreement of Chat Maigre.

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