Terms and Conditions

Article 1 – Scope of Application

These general terms and conditions of sale apply to all commercial relations with the buyer, including export sales. Any order implies full and unconditional acceptance of the general terms and conditions of sale stated below, to the exclusion of any other documents such as brochures, catalogues, etc. that we may have issued and which are provided for information purposes only. No special condition may prevail over these terms unless formally and expressly agreed in writing by us.

Article 2 – Prices

Invoices are issued according to the prices and conditions in force at the time the order is recorded.

Article 3 – Eco-contribution

The portion of the unit cost that ING FIXATIONS bears for the management of waste from Building Construction Products and Materials (PMCB), as invoiced by the eco-organization to which ING FIXATIONS belongs, is fully passed on to the professional buyer of the product with no possibility of reduction.

Article 4 – Orders

Any customer order must be submitted in writing. No order acknowledgment is issued. I.N.G. Fixations records the order and reserves the right to correct any errors that may occur when recording it, without incurring any liability. Orders constitute successive purchase contracts, formed under the validity conditions defined in these general terms and conditions.

Article 5 – Lead Times

The delivery times indicated by I.N.G. Fixations will be respected as far as possible. These deadlines are provided in good faith but are strictly indicative, and failure to meet them shall not give rise to cancellation, refusal of products, damages, or penalties for delay.
Delayed deliveries, for any reason whatsoever, shall not result in compensation or cancellation. Likewise, we are automatically released from all delivery time commitments in cases of force majeure or events such as war, accidents, machine breakdown, frost, lockout, strike, requisition, fire, flood, interruption or delay in transport, or any other cause leading to total or partial work stoppage for ourselves or our suppliers.

Article 6 – Shipments

Goods travel at the recipient’s risk, and I.N.G. Fixations shall not be liable for damages occurring during transport. The buyer must notify I.N.G. Fixations in writing of any shortages or damage within 48 hours of receiving the goods. This notification must be accompanied by a detailed report from the carrier. Furthermore, in the event of shortages or damage, no claim will be accepted unless all legally required reservations have been properly made with the carrier.

Specifically:

• precise and justified reservations must be written on the carrier’s delivery note,
• reservations must be confirmed to the carrier by registered letter with acknowledgment of receipt.

Failure to comply with this requirement gives I.N.G. Fixations the right to cancel all or part of the order.

Shipments to mainland France are carried out by carrier and subject to shipping charges according to a scale established by I.N.G. Fixations.

Article 7 – Return of Goods

Order cancellation or return of goods is only possible with our written consent. Returned goods, once approved, must be in perfect condition and in their original packaging. Any return will be subject to the following conditions:

• 10% reduction if the return occurs within 1 month of the purchase date,
• 20% reduction if the return occurs within 3 months of the purchase date,
• 50% reduction if the return occurs within 12 months of the purchase date.

Article 8 – Retention of Title

Goods remain the full property of I.N.G. Fixations until full payment of their price, interest, penalties, ancillary costs, and taxes. However, risk is transferred to the buyer once the goods leave the premises of I.N.G. Fixations. The buyer may not transfer ownership of the goods to a third party before full payment. I.N.G. Fixations is entitled to recover the products at the buyer’s expense. The sale will be cancelled by operation of law.
The buyer bears all risks of loss or destruction from the moment of delivery, as well as insurance costs. In case of transport-related damage, the recipient must take action directly against the carriers.

Article 9 – Payment Terms

Invoices are payable at the company’s registered office, and neither bills of exchange nor other means of payment constitute novation or waiver. They are deemed payable in cash unless otherwise agreed in writing. If applicable, the customer may deduct 0.5% per full month for early payment. Any price reduction for discount proportionally reduces the amount of deductible VAT without further notice from us.
In case of payment by bill of exchange, it must be returned accepted within five days of issuance; otherwise, immediate payment becomes due.
Failure to pay a single bill or invoice at its due date results in forfeiture of term, making all outstanding amounts immediately payable, including future invoices. Interest will be automatically charged at a rate equal to three times the legal interest rate per month of delay, without prejudice to damages, plus a fixed recovery fee of €40.

Article 10 – Trademark Protection

The I.N.G. Fixations name, logos, and trademarks benefit from national or international protection. Unauthorized use will be considered abusive and subject to legal action.

Article 11 – Warranty

Claims, including those relating to quality, conformity, or quantity defects, will only be considered if received at the registered office of I.N.G. Fixations within eight days of delivery.
In the absence of a written claim, the delivered goods are deemed to be of satisfactory quality and quantity and compliant with the buyer’s needs. Any return of goods requires written agreement between the customer and I.N.G. Fixations. Return costs and risks are always borne by the customer. In the event of a claim duly confirmed by I.N.G. Fixations, the company undertakes, at its discretion, to repair or replace part or all of the goods free of charge, excluding any compensation.

Article 12 – Jurisdiction – Disputes

Only French law applies to all disputes arising from the interpretation or execution of these terms. Any dispute between the parties shall fall under the exclusive jurisdiction of the Commercial Court of Le Puy-en-Velay, regardless of the payment method and even in the event of multiple defendants or third-party claims.
The customer accepts this jurisdiction clause without any restriction or reservation.

ING FIXATIONS – 320 rue de Chassende, ZI de Chassende, 43000 Le Puy-en-Velay – Tel.: 04 71 05 59 03 – Fax: 04 71 09 35 46
Capital: €200,000 – RC Le Puy B 384 678 801 – SIRET 384 678 801 00018