TERMS AND CONDITIONS OF SALE AND PRESENTATION OF WORKS
Company Proprietor: PAINE Nicholas
Company Head Office:
Chauffage Naturellement (Heating Naturally)
La Maison Neuve
SIRET NO: 80813545300013
Main Telephone: 02.33.17.06.09
1.1 Terms and Conditions of Sale are important because they create certainty between both parties. They detail the responsibilities of both Nick Paine T/A Chauffage Naturellement (Heating Naturally) (“The Company”) and you, (“The Customer”).
1.2 Our terms and conditions are subject to French Law and any disputes arising from the application of these general conditions of sale are subject only to French law and the French courts can judge. In the event that any provision of these terms and conditions become null and / or void due to a change in legislation, regulation or court decision, this does not in any way affect the validity and compliance with these terms and conditions.
1.3 Definitions as used for the purposes of these terms and conditions:
“we”, “ours” and “us” is defined as being Nick Paine T/A Chauffage Naturellement (Heating Naturally) and is hereby also known as “the company”.
“you” and “customer” is defined as the homeowner, landlord, tenant or whomever resides or otherwise at the property upon which the booking for work to be carried out is made or is otherwise authorised to make such bookings.
“in writing” is defined as email or signed hard copy
All orders and estimates for works and supplies are on condition that these terms are accepted by the customer/purchaser at the time the estimate is accepted
“works” is defined as any work carried out by the company for and on behalf of the customer. This will include sweeping, installations, remedial activity, removal of waste as appropriate (and agreed).
1.4 Chauffage Naturellement (Heating Naturally) accepts no liability for any product or service advertised, supplied or otherwise promoted and supplied by any third party or sub-contractor. Chauffage Naturellement (Heating Naturally) does not warrant that any of the goods or services used, linked to or advertised on their web site comply with data protection or other relevant legislation and Chauffage Naturellement (Heating Naturally) accepts no liability whatsoever for any claim arising from such goods or services.
1.5 Chauffage Naturellement (Heating Naturally) reserves the right to alter or change these terms from time to time and without communication with existing customers. In case of dispute, the terms that are applied will be those current at the completion of a project.
Your statutory rights are not affected.
2. Warranties & guarantee of works done and goods supplied
2.1 All work is guaranteed to be safe, sound and free from defects at the time the work is carried out. Any parts used come with a full manufacturers guarantee where applicable as set out in their own terms and conditions and subject to French Law. 2.2 Defective materials and equipment are covered by the manufacturer’s guarantees.
Your statutory rights are not affected.
2.3 Any claim for defective or inadequate work carried out by us must be made to us in writing within 7 days of said work being carried out. Claims after this time will be dealt with entirely at the company’s discretion.
2.4 We will endeavour where possible to rectify any faulty workmanship as soon as is practicable and to the customer’s satisfaction. Should it be deemed by a registered and qualified third party that satisfactory rectification of any faulty workmanship cannot be reasonably made, then a full refund will be given for the relevant part of the work, excluding any parts used or purchased and/or fitted by us on behalf of the customer.
2.5 Any faults due to negligence, rough handling or unfair treatment by the customer or otherwise after the full or partial completion of works, receipt and acceptance of goods and the payment of invoice(s) are not covered by the company’s guarantee and the company will not be held responsible.
2.6 Once the customer has accepted and paid in part or whole for works, we cannot be held responsible for subsequent damage caused either by weather, natural causes, accidental damage or human hand. We may however be prepared to make some reparations, but this is at our sole discretion and on the basis of goodwill, and not on the basis of any liability on our part.
3. Dimensions and Specifications
3.1 Any major measurements taken by the company in the course of their works will be in discussion with the customer and confirmed at the time.
3.2 While the company makes every effort to ensure the accuracy of information supplied on the website and through discussion and estimates relating to dimensions and specifications, errors do sometimes occur. Therefore, stated dimensions should only be taken as a general guide, and the onus is upon the Customer to check and ensure for himself/herself the accuracy of all information relating to the product or service in question.
3.3 Due to the possibility of errors, any typographical, clerical or other error or omission in any information given by the company (including in relation to the price of the products and installation) shall be subject to correction by us without your authority and we will not be responsible for any consequences arising from such inaccuracies.
4. Commissioning/Booking of works/appointments
4.1.1 Chimneys will be swept following an appointment being made by the customer. The cost for this service is outlined in the company price list or as agreed upon booking.
4.1.2 These prices are subject to change and other costs may be incurred if remedial work is found upon sweeping for example chimney blockage or damage.
4.1.3 A sweep will typically include the cleaning out of a chimney and its certification. Waste soot will be bagged and left with the customer as per statutory regulations. CN (HN) will operate as cleanly and efficiently as possible. Please refer to Conditions of Work with regard to the customer’s responsibilities.
Installation, PROJECT WORK, remedial works to existing installations, re-instatement, servicing and maintenance
4.2.1 Following initial consultation between the company and the customer, an estimate price will be agreed between the company and the customer and sent to the customer either in hard copy or by email, whichever is decided.
4.2.2 To confirm the works, the customer should either sign and return the estimate to the company address or respond by email their acceptance. In the event that there is no signed estimate, the customer agrees to the full estimated price as accepted at the commencement of the works through the payment of the deposit or by payment of interim invoices. All estimates are generated to be as accurate as possible and detail costs for the work as discussed between the company and the customer.
4.2.3 As final confirmation of the works, customers are required to pay a 50% deposit by electronic transfer to the company which will be used to purchase the relevant parts and secure diary time. The company reserves the right to delay works until this deposit has been paid.
4.2.4. This deposit is non-refundable and remains so throughout the project. The amount of deposit paid will be deducted from the final invoice cost upon completion of the works. Deposits will only be paid back at the specific discretion of the company proprietor.
4.2.5 The customer reserves the right to cancel the booking in writing within 7 days of the arrangement being made or to arrange another date and time for the work to be carried out.
4.2.6 If for any reason a customer wishes to cancel a booking, they should inform the company as soon as possible in writing, giving justifiable reasons. If the Customer subsequently changes his/her mind, and cancels the order or job within 14 days of the works starting, it will be deemed to constitute a Breach of Contract and he/she will forfeit all monies and/or deposits paid to Chauffage Naturellement (Heating Naturally) by way of contract and become then liable for the full value of the original agreed cost for the works.
N.B If a deposit has been paid, this remains non-refundable at the discretion of the proprietor. In the event that it is agreed that a deposit be returned, it will be minus any costs incurred up to the time that the cancellation is received. This may include travel expenses, consultation time, labour or parts and materials which have accumulated, bought or supplied for the works as commissioned by the customer.
4.2.7 If you need to arrange another date and time please inform us as soon as possible in writing.
4.2.8 If you fail to notify us of a cancelled booking and we attend at the agreed time and date and are unable to carry out the work that you requested, we reserve the right, at our discretion to charge you £100 for a missed appointment each and every time it occurs.
4.2.9 The company reserves the right to change times and dates for appointments and installations.
4.2.10 Any and all additional work to the agreed estimate will be subject to extra charges. This additional charge will include all remedial work discovered upon commencement of and/or during the project. Upon discussion with the customer and with their agreement prior to the additional works being carried out, the extra cost will be included on the final invoice total
4.2.11 If for any reason after taking a booking for work to be carried out, we find that we are unable to attend at the agreed time for whatever reason, we will endeavour to contact you by telephone or email as soon as possible and with as much notice as possible
4.2.12 We reserve the right to refuse to carry out works at our own discretion.
5. Conditions of Work
5.1 All work undertaken by us is subject to it being deemed by us to be safe to carry out said work for health and safety purposes. If for any reason we deem it unsafe to carry out work, either due to building/material/site defects etc. or due to inclement weather we reserve the right to arrange to carry out said work at another time or to refuse to carry out work entirely.
5.2 The company endeavours to ensure clean and safe works. However, the customer is required to ensure that valuables and moveable furniture are removed from the site of works and access routes prior to the commencement of works. In the event that furniture or other is not moveable, it is the customer’s responsibility to ensure that their property is suitably covered. The company accepts no liability for accidental damage or soiling where the customer has not made safe their property.
5.3 Chauffage Naturellement (Heating Naturally) will enter your property at your risk only and cannot be held responsible for any damage should it occur. This also applies to carpets, wooden floors and furniture etc. where they have not been covered
The customer will make provision for electricity and water to be available to the company whilst they are working at site.
5.4 Once a project has started, if the works site or conditions present a Health & Safety issue (including inclement weather), a team member becomes ill or is injured, there is a customer dispute or other extenuating circumstances arise, the company reserves the right to cease working until the issue can be/is resolved.
5.5 In extreme circumstances (as detailed in, but not restricted to, section 5.11), the company reserves the right to cancel their involvement in the project and invoice the customer only the work carried out. Only in these extreme circumstances (as detailed in 5.11) and at the proprietor’s discretion, any monies owing to the customer will be returned within 60 days
6. Delivery of installation/remedial work or products
6.1 Deliveries of parts, materials or stoves to customers are either by company transport or direct from the supplier and will normally take place on the agreed date, and where possible, the date of installation.
6.2 If the customer orders products or materials from a third party for their works (such as hearth tiles or stoves) and we fit them on their behalf, the company will not accept any responsibility if the customer then decides that they have changed their minds, they have bought the wrong size or colour or that they are not happy with the outcome. In this case, the company will not be liable to change the items or provide replacements without extra charges.
6.3 Within reason and capability, customers should inspect goods on delivery to ensure that they are correct, in order and free from damage or other defects.
6.4 If the customer subsequently changes his/her mind, and cancels an order for works, parts or stoves once it has been placed and before the day of work, it will be deemed to constitute a Breach of Contract and he/she will forfeit all monies used to purchase relevant materials and/or deposits paid to Chauffage Naturellement (Heating Naturally) by way of contract.
6.5 In all cases, all parts supplied by us for your works will be fit for purpose, compliant with regulations and of the right dimension and specification. On some occasions, we may require you check all items delivered for any faults before fitting, to ensure you are happy with your items and everything is as it should be. This is not to say that you have to be an expert but where this includes exposed pipework or a stove, it is important that you are comfortable with the parts used.
7.1 All prices are subject to change from time to time as deemed appropriate by us. Whilst every effort will be made by us to ensure that published prices on our website and elsewhere are correct they may be superseded and/or changed by us at any time without notice.
7.2 We may offer parts and/or labour at a discounted price from time to time and entirely at our discretion.
7.3 Used parts may be sold to the customer, with the customer’s agreement, at a discounted price from that of new ones subject to stock availability and they will be free from any guarantee other than our workmanship.
7.4 All prices given either on our website or in estimates and invoices are GROSS, including any appropriate taxes and in French Euros (€), and will include delivery and transportation charges.
7.5 All prices are subject to change without notice, but are fixed at the time of estimate/installation.
7.6 Chauffage Naturellement (Heating Naturally) is not TVA registered and TVA is currently not charged, except where a third party supplier has added TVA to a product or material subsequently installed by us where TVA will be included in the overall pricing
8.1 Payment must be paid for on the day of the completion of works. Where an invoice is not issued, a receipt will be completed by the company for the payment of services (chimney sweeping).
8.2 Payment can be made by bank transfer (BaCS), cheque or cash. Debit and credit cards such as Visa and MasterCard are not yet accepted.
8.3 Where a project is over several months, part payments will be required and these will be invoiced, detailing the works carried out and summary of materials used
8.4 Upon completion of the installation works, an invoice will be generated, detailing actual costs. The balance of payment will be due on the day of completion unless otherwise agreed.
8.5 Failure to pay within 7 days of the date of the invoice may incur financial penalties, and the company reserves the right to charge interest on a daily basis at 8% above the Banque de France interest base rate. Recovery costs including Huissier, Avocat and company expenses for unpaid invoices will also be levied against the customer and included on reminder invoices.
9.1 Refunds will be given where fair and appropriate and where indisputable evidence can be ascertained. The Customer may not be entitled to any refund in the following circumstances:
If they were told about the fault/issue at the time of purchase/commission;
If they examined products/works before they bought them or ‘signed’ them off, were satisfied with their quality at the time, and should have seen the fault for themselves;
If they did the damage themselves;
If they do not give sufficient information regarding their choice of materil/work or if change their mind.
If they provide inaccurate or wrong information regarding measurements, previous installation methods or contractors, property history or flue an fuel usage
However, as a sign of goodwill Chauffage Naturellement (Heating Naturally) may offer a refund, a credit note or an exchange at their discretion
10.1 We hold the relevant insurance to protect the public and our customers.
11. Responsibility & Ownership
11.1 All articles including un-used materials and equipment owned by the company or on hire form a third party supplier remain the property of Chauffage Naturellement (Heating Naturally) until payments are either received in full or are returned in the condition that they were first delivered.
11.2 All repairs, refurbishment, servicing and remedial works carried out on existing stoves and installations will be certified at the discretion of the company
11.3 The company will condemn any and all stoves, installations, chimneys and fireplaces which do not meet current safety and legal requirements
11.4 Any items that are made to measure are non-refundable and any items that are non-stock items are subject to 50% restocking fee.
11.5 It is the customer’s responsibility to ensure our goods are kept in their original wrapping and all items have not been fitted or used in any way.
11.6 Delivery costs should be paid by the customer should anything need to be returned. We can arrange collection at a cost to the Customer and these costs vary by postcode. Please contact the company to obtain collection quote before deciding if you wish to use your own return Company.
11.7 For all items to be returned, Customers must send a letter or email within 7 days from delivery date to be allocated a returns number so they can be identified on return to us. Any returned items without a returns number will be refused.
11.8 If you purchase your own materials, you are solely responsible for the receipts and correct delivery and storage of materials so as to ensure that they remain useable. CN (HN) accepts no responsibility for the loss of receipts, deterioration of materials or any subsequent issue with the use of these materials
11.9 All moneys will be refunded within 7 days (minus the original delivery charge) after delivery to our registered address and when items have been checked for damage and condition.
11.10 Chauffage Naturellement (Heating Naturally) will not be responsible for the delivery costs of returning the items to us and we recommend using an insured service.
12.1 In the very unlikely event that a customer feels that they have cause to complain about any works carried out by Chauffage Naturellement (Heating Naturally), then the following actions can be taken:
In the first instance, we believe that most issues can be resolved informally and quickly through discussion and clarification. To do this, customers should call the head office number with the issue and we will do all we can to resolve the matter to the customer’s satisfaction.
In the event that the either party remains dissatisfied, once we have attempted to resolve the issue, the complaint should be sent in writing to the Head Office address, by letter, setting out the complaint in its entirety, with names, address, photographic evidence, dates times etc. relating to the nature of the complaint. Measures to ensure transparency and impartiality in this discussion may include the use of independent and qualified bodies, agreed by both parties. The company will endeavour to reply to the message within 7 working days and discuss with the customer ways to bring the matter to a conclusion.
Should the customer or the company feel the need to escalate the matter, the company Avocat and Huissier as necessary will be used to act as arbitrators to resolve the issue.
12.3 CN (HN) reserves the right to use whatever means necessary to recover loss of materials and income due to non payment of invoices or breech of contract.
12.2 Complaints relating to work carried out by sub-contractors used by Chauffage Naturellement (Heating Naturally) should be dealt with by the relevant sub-contractor as appropriate
VERSION 4 – SEPTEMBER 2015