These conditions relate to product marketed and invoiced directly by SAS « Next’Bedrooms » in metropolitan France and in EEC countries. They are valid from 1st of April 2020. Price and general conditions of sale can be modified at any time, subject to a month’s notice.
2-Acceptance of conditions :
Placing an order implies full and complete acceptance of these general conditions of sale, which cannot be opposed by any contrary stipulations issued by the customer.
3-Selling price :
Our Products are invoiced at the current rate, on the day the order is placed for immediate delivery, taking into account the provisions provided for in general conditions of sale in effect on the same day. The quatity discounts of our items are harmonized by the volume of the order.
Deliveries are made by LAPOSTE, TNT or Chroposte within a period which depend on your place of residence. Next’Bedrooms reserves the right to modify the carrier in order to better manage shipment flows. The mentioned delivery time on the site only includes the delivery period of the parcel by the carrier from our warehouse. To this period, it s advisable to add the preparation time of goods. Deliveries are placed from Monday to Friday to the address given by the customer. Any return parcel due to an incorrect address will be at customer’s charge. It cannot, under any circumstances be the subject of an order cancellation if this is not requested within the legal withdrawal period.
Any complaint of missing or non-compliant item in the parcel must be reported within 7days from the received date of the parcel. If one of our products is temporarily out of stock, we will withhold all your order until, we can be able to deliver to you the entirly order, unless an expressly delivery requested by the customer. The shipping costs are entirly responsability of the customer, as provided for the costs in progress.
5-Delivery times :
Next’Bedrooms undertakes to make every effort to deliver orders within the specified deadlines. However, if the the delivery does not take place within the period or date as agreed, after a formal notice remained unsuccessful for a reasonable period of time, the sale may be canceled at the buyer’s request, without any penality or compensation. Only the damage actually borne by the customer, demonstrated and assessed, may be the subject of a possible resquest for compensation which may in any case, only be made after negotiation with Next’Bedrooms and agreement of both parties. Returns of goods are only accepted after agreement from us. Complaints cannot justify non-payment of goods, for deferred payments. Our invoices must under no circumstances be compensated for whatever the cause, unless expressly agreed by us. In particular, the deduction of the amount of the invoice from the corresponding penalities for non-compliance without, even, Next’bedrooms was not able to verify, the reality of the grievance, corresponding to article L442-6-1, 8th of Commercial Code. When an invoice issued in the month of following delivery and including the product reference, the quantity concerned, the invoice reference and proof of the signed delivery slip.
6-Transfer risks :
Whatever the destination of our products, the tranfer risks are made when the goods are handedover to the carrier in charge for the delivery. Our goods are shipped and unloaded at the risk and peril of the receipient, who will check their conditions on delivery and make all necessary reservations with the carrier, in accordance to the article L133-3 and L 133-4 of the Commercial Code. The customer moreover within 3 days of receiving the transported goods, must immediately notify the carrier, by extra-judicial act or regisreted letter of his reasoned protest under penalty of losing all recourse against the carrier.
7-Ownerships reservations :
Next’Bedrooms retains ownership of the goods sold until the total payment of the full price in principal or accessory. Faillure to pay any one of the due dates result in the claim of goods remaining in stock. This provison does not preclude thge transfer to the buyer of the risk of loss and deterioration of the goods sold as well as the damage they could cause. In addition the buyer is prohibited from consenting to any rights on the goods delivered and not paid for and must immadiatly notify our company of any measures taken by third parties and affecting the procession of said goods.
8-Responsibilities of the seller :
In case of delivery of goods that do not conform to the specification of the order, the company’s liability is strictly limited to the obligation to replace non-conforming goods to the exlusion of all damages and interest.
9-Availibility of products :
Our productions are timed according to normal needs of our distribution. Consequently, we reserve the right to refuse, reduce or split any order whose quantities punctual or accumulate over a recent periode, exceed 10% of the annual quantities.
10-Payment terms :
Orders placed through the website will be paid immediately by credit card. Invoice must be upcoming within 3o days from delivery date by bank transfer, without, Next’Bedrooms having to make any special steps for it to be sent. Any extension of the delivery date may be granted without prior and expressly consent from us.
In the absence of payment by the due date appearing on the invoice, a late payment penalty equal to one and half times the legal interest rate of the invoice amount including tax will be due automatically and without prior notice. This penalty will be calculated on the first business day occuring after the date fixed by General Conditions of sale article L441-6 of Commercial Code. A variable discount will be granted, depending on the speed of payment from the quotation. Automatic deductions are not allowed. The 2020 discount rates are promotional and non-renewable.
For special orders, the minimum is 100 units and one month period is necessary for the realization of the model, the selling price will be fixed according to the requested details by the customer. The payment will be 50% after the agreement of the model and the order had signed. The customer is fully responsible for the accurancy of the elements provided (fonts, letters, logo, arrangements of decoration elements).
12-Settlements of disputes :
In case of unjustified refusal on delivery, of all or part of the goods, we reserve the right to change incidental costs. Any dispute relating to invoicing must take place within 10 days of receipt of their invoice, in order to allow it to be prossed befor the payment is due. The disputes concerning invoices must not cause delay or payment of the relevant part of the invoice.
Beyond 3 month period, any complaints can be taken into account by our services.
In the event of a litigation between Next’Bedrooms and its customer regarding the execution of a delivery or a payment, two parties will attempt to come to an agreement to seek an amicable solution. In case of failure, the commercial court of ROUEN can give to have a verdict.
The provision of the general conditions of Next’Bedrooms not contrary to these conditions of sale apply between the parties.
For the SAS Next’Bedrooms
Thony ACHENZA, the President.