The site www.despiedssousmatable.com is the property of DIGIT'GRAAL SAS, whose head office is located at 623 Chemin du Bois de la Manche 73170 ST PAUL, registered with the RCS of Chambéry under number 883 142 390, with a capital of 20 000 €.
Director of publication: Nicolas TILLIE
Accommodation : Titan Datacenters France SAS, 45 Allée des Ormes E. Space Park Building D, 06250 Mougins
Photos: ©digitgraal
Any modification, use, reproduction, copy and distribution for commercial purposes of all or part of the elements of the site, whatever the means or process used, is prohibited without the prior written authorization of DIGIT'GRAAL.
Any unauthorized use of the site or the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.
Booking conditions
1) Acceptance of order: these general conditions constitute, in accordance with Article L. 441-6 of the Commercial Code, the sole basis of the commercial relationship between the parties. Their purpose is to define the conditions under which DIGIT'GRAAL supplies its products to any professional buyer who so requests. They apply without restriction or reservation to all sales concluded between DIGIT'GRAAL and any customer wishing to acquire our products. They cancel and replace all previous conditions, and apply to the exclusion of all other conditions appearing in any other document. DIGIT'GRAAL reserves the right to derogate from certain clauses of these general conditions, depending on the negotiations carried out with the customer, by establishing special conditions of sale. All orders are subject to a prior quote signed and accepted by the customer. The signature of this estimate implies unreserved acceptance by the latter of these general conditions, and demonstrates his commitment to comply with them, failing which his order will not be honoured. The clauses that may appear on our customers' order forms can only cancel or modify these conditions of sale if they have been expressly accepted by DIGIT'GRAAL.
2) Price: Our products are invoiced on the basis of the rates in force on the day of delivery when the order is placed. Our rates, expressed in euros, are understood to be net of all taxes and without discount for advance payment. These prices do not include shipping and/or installation costs. Unless otherwise agreed in writing, our prices are ex-workshop.
3) Offer: The technical and material data contained in the catalogs and other DIGIT'GRAAL documents are only indicative. Their characteristics being constantly improved, the products are likely at any time and without warning, either to be withdrawn from sale, or to be the subject of modifications. The color samples are given for information only: variations due to the nature of the materials used as well as to the atmospheric conditions during the manufacture of the product do not in any way constitute defects of conformity and cannot give rise to a any compensation and/or cancellation of the sale.
4) Delivery times: our delivery times are given for information only. If the delivery should be delayed due to force majeure or due to the customer, no damages or compensation for delay can be claimed from us for this reason. Storage costs could be claimed from the buyer in the event of a delay attributable to him.
5) Transport and transfer of risks: whatever the method of transport or payment used (free or postage due), our goods and packaging are stipulated "ex works" and travel at the risk and peril of the buyer, and the transfer risk (loss or deterioration) occurs as soon as DIGIT'GRAAL makes the goods available to the customer or to the carrier appointed by the latter, where applicable.
Our drafts or acceptance of payment do not operate either novation or derogation from this clause. It is therefore up to our customers to safeguard alone, if necessary, their rights vis-à-vis the carriers they mandate, in accordance with the provisions of article 105 of the Commercial Code.
In the event that the carrier is mandated by the customer, the latter will directly assume all costs related to transport and insurance coverage.
In the event of delivery by the carrier appointed by DIGIT'GRAAL, the transfer of risk will take place as soon as the goods are made available to the customer.
6) Complaints: all complaints must be made by registered letter with acknowledgment of receipt sent no later than seven calendar days to the registered office of the company following receipt of the goods. After this period, they will no longer be accepted, whatever the reason or cause.
7) Fortuitous event and force majeure: floods, riots, fire, strikes, accidents of all kinds or any act of nature occurring on our premises or those of our suppliers as well as the impossibility of receiving our goods or carrying out our shipments as a result of transport difficulties will be considered as cases of force majeure, and will release us from any obligation to deliver.
8) Warranty: by express agreement, our liability cannot be engaged in the event of a manufacturing defect and whatever the cause, beyond the free replacement of our supply recognized by us as defective. We can not be held, in this regard, to the payment of any compensation whatsoever in this respect. This warranty is however excluded in the event of misuse, improper use or negligence on the part of the customer, as well as in the event of force majeure.
9) Allocation of jurisdiction: in the event of a dispute, the Commercial Court of CHAMBERY will have sole jurisdiction even in the event of an incidental claim, a warranty claim or multiple defenders.
10) Retention of title: the transfer of title to the thing sold is subject to full payment of the price at the final due date by DIGIT'GRAAL.
The buyer undertakes to pay for the goods, either at the latest at the time of delivery (material delivery) of the goods when the latter is located in metropolitan France, or at the latest at the time of shipment when the delivery must take place outside mainland France, the risks being however transferred upon delivery under the conditions of article 5 of these GCS.
In any case, DIGIT'GRAAL reserves, until full payment of the price, a right of ownership over the products sold, allowing it to regain possession of the said products in the absence of payment from the customer. Any deposit paid by the customer will remain acquired by DIGIT'GRAAL as lump sum compensation, without prejudice to any other actions that it would be entitled to bring against the customer as a result.
11) Conditions of payment: all orders must be accompanied, except by special agreement, by the specific contractually defined deposit, payable in cash. The payment of the sums remaining due will be made, unless otherwise agreed, either in cash, or in several installments, depending on the progress of the manufacturing phases and, in all cases, no later than the day of delivery. goods when it takes place in metropolitan France, such delivery can only take place subject to full receipt of the balance of the price by DIGIT'GRAAL. DIGIT'GRAAL will not be required to deliver the goods ordered by the customer if the latter does not pay the price under the conditions and according to the methods indicated above.
In the event of non-compliance with the payment conditions listed above, DIGIT'GRAAL also reserves the right to suspend the performance of its obligations until the effective payment of the unpaid invoice(s), or to suspend or cancel the delivery of the order(s) in progress and/or, where applicable, to reduce or cancel any discounts granted to the customer.
In addition, given the specificity of our activity (tailor-made part, creation of a unique mold for each market, etc.), the deposit will remain due to our workshop in the event of a withdrawal from the customer.
In the event of late payment, DIGIT'GRAAL may ipso jure claim late payment penalties calculated at a rate equal to three times the legal interest rate, without formality or prior notice.
In addition, a lump sum compensation for recovery costs in the amount of 40 euros will be automatically due, DIGIT'GRAAL reserving the right to request additional compensation from the customer if the recovery costs actually incurred exceed this amount, upon presentation supporting documents.
12) Attribution of jurisdiction and applicable law: ANY DISPUTE BETWEEN THE PARTIES RELATING TO THE EXISTENCE, VALIDITY, INTERPRETATION AND/OR EXECUTION OF THESE GENERAL TERMS AND CONDITIONS, NOT RESOLVED AMILY, WILL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL COURT OF VALVES WHICH SHALL HAVE SOLE JURISDICTION TO KNOW THE DISPUTE, EVEN IN THE EVENT OF AN INCIDENTAL CLAIM, APPEAL IN WARRANTY OR MULTIPLE DEFENDERS. These general conditions are governed, interpreted and applied in accordance with French law.
