Acoustic pods
Terms & Conditions
ARTICLE 1 - Scope of Application
In accordance with Article L 441-1 of the French Commercial Code, all services and sales performed by STRUCTA INDUSTRIES for its clients are governed exclusively by these General Terms and Conditions of Sale (hereinafter the “Terms” or “Terms of Sale”). They are attached to every quotation sent to the client and constitute the sole basis of the commercial relationship between the parties. The sending by email of an order confirmation as well as payment of a deposit by the client, where required, constitutes full and unconditional acceptance of these Terms. They apply to any order, including future orders, and prevail over any prior or conflicting document, unless specific terms have been negotiated. These Terms may be amended at any time without notice. The version applicable to the order is the version in force on the date the order is placed. The Terms apply, without restriction or reservation, regardless of any clauses that may appear in the client’s documents, including the client’s general purchasing conditions.
STRUCTA INDUSTRIES reserves the right to depart from certain clauses of these Terms depending on negotiations with the client by establishing specific sales conditions appearing in the quotation. Any purchase or service, whatever its nature and whatever the sales channel (online sale, direct order, etc.), is subject to all clauses of the Terms, unless specifically stated otherwise with respect to the relevant sales channel. Any contract for services (“contrat d’entreprise”) is likewise subject to all clauses of the Terms, except for any special conditions provided in the contract specifically concluded between the Company and the Client. Where applicable, the Terms continue to apply to all points not derogated from by the specific contract. By validating an order, the Client acknowledges having read and accepted these Terms.
ARTICLE 2 - Orders
To avoid duplicate orders, please indicate an order number or reference with each order. Orders received do not bind STRUCTA INDUSTRIES until they have been confirmed by STRUCTA INDUSTRIES.
When placing an order, the Client warrants that it has full legal capacity to agree to the Terms and to enter into a sales contract. The Client is solely responsible for the information it provides and undertakes, in the event of any change, to update its information with STRUCTA INDUSTRIES. STRUCTA INDUSTRIES cannot be held liable for input errors by the Client, or attempts at fraud by the Client, nor for the consequences thereof in terms of delays or delivery errors, including in the case of orders placed by telephone. The Client shall be solely responsible for checking all information entered when placing its order (items ordered, references, colours, options, quantities, amount, billing address, delivery address, telephone details, etc.).
The Client is informed and agrees that entry of such personal data evidences its identity and manifests its consent. Furthermore, where the delivery address involves a third party, the Client is solely responsible for the information it communicates and for obtaining that person’s consent to receive the delivery.
Once your order is entered, you will receive an order confirmation from us. Please review it as soon as possible, contact our customer service in case of comments, and return it to us signed no later than two (2) business days after receiving the confirmation. After two days, the order is deemed firm and to accept the terms of the order confirmation. Once the order confirmation is validated, any request to postpone or modify the order, or for additional services, will give rise to a new quotation or an amendment. Otherwise, the product description in the order confirmation shall form part of the agreement and be binding on the parties. STRUCTA INDUSTRIES is not responsible for errors or omissions in the order. Orders will be accepted in writing and sent to our email address: serviceclient@structa.fr. Orders must include the fully completed ESSENTIELLE order matrix, the fully completed logistics information sheet, and a written order listing the prices of each detailed configuration, together with the desired delivery address and delivery date. An order is considered effective upon receipt of the 30% deposit or, where specific payment terms have been agreed, upon compliance therewith. The client must check and sign the order confirmation within 48 hours and inform us in writing of any changes. Failure to sign within 48 hours constitutes full agreement to the order confirmation and to these Terms. No order will be accepted if there are unpaid invoices. Quotations or costings are only valid in writing and for the period indicated. If no period is indicated, our quotations are valid for three (3) months.
If the client cancels the order after signing the order confirmation, STRUCTA INDUSTRIES shall be entitled to require payment of the full amount shown on the order confirmation, regardless of the stage of performance of the services provided for in the order confirmation. At its sole discretion, STRUCTA INDUSTRIES may limit its payment request pro rata to the progress of its services. No modification or cancellation of orders will be accepted. No order will be accepted if there are unpaid invoices. Quotations or costings are only valid in writing and for the period indicated. If no period is indicated, validity is thirty (30) days. An order is deemed complete upon validation of the order confirmation, receipt of the deposit, validation of the order matrix, the logistics sheet, and the layout plans. The timeframe announced runs from the moment the order is complete.
ARTICLE 3 - Withdrawal
The client is a professional placing an order within and for the needs of its profession and therefore does not benefit from the right of withdrawal provided for in the French Consumer Code. The Client is also informed that no return of the product will be accepted after delivery.
ARTICLE 4 - Prices – Payment Terms
Prices are stated in euros and are exclusive of tax (ex-VAT). VAT at the applicable rate on the date of signing the quotation, as well as the Eco-Contribution and the Para-fiscal Tax, will be added. These three taxes may change without prior notice and must be adjusted when paying the balance, regardless of the stage of progress of the order. Unless otherwise agreed in the quotation, the order requires payment of a 30% deposit of the total amount of the quotation, with the balance due upon delivery of the furniture listed in the quotation, without discount. As supplier tariffs to STRUCTA INDUSTRIES are constantly evolving, displayed prices are subject to change at any time. They may also vary due to launch pricing, promotions, sales, or end-of-line. All prices are given subject to obvious typographical errors or purely material errors in computerized labelling. If installation is postponed by the client for more than 15 days or if it is impossible to deliver the furniture to the client within the timeframes stated in the quotation for reasons not attributable to STRUCTA INDUSTRIES (site work ongoing, closure, etc.), the balance of the invoice becomes immediately due and payable upon first request. No deposit paid may be characterized as “arrhes” within the meaning of Article 1590 of the French Civil Code; the order definitively commits the parties. In the event of non-payment at the due date, STRUCTA INDUSTRIES may charge late-payment penalties equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus ten percentage points. However, this rate may not be less than three times the legal interest rate. Late-payment penalties are due without any reminder being necessary. In accordance with Article L.441-6 of the French Commercial Code, in the event of late payment, the client must pay STRUCTA INDUSTRIES a fixed recovery indemnity of €40. Where recovery costs exceed this fixed indemnity, STRUCTA INDUSTRIES reserves the right to claim additional compensation at least equal to the actual costs incurred, without prejudice to any claim for damages for the loss suffered.
For all orders, a 30% deposit is required. A deposit invoice is issued accordingly. The order is considered entered and valid upon receipt of the 30% deposit. The order process lead-time starts upon receipt of the deposit payment. In the event of late payment of the deposit, the order in question will be moved to the end of the production schedule without any late-penalty liability. The balance invoice is issued on the delivery date of the order. The payment term by instalments is thirty (30) days end of month and runs from the invoice date. STRUCTA INDUSTRIES reserves the right to determine, in each case, the specific form of payment and to demand the due date of the entire debt without notice and apply default interest at the legal interest rate in force set by the European Central Bank. Any delay in paying the deposit or the balance will result in specific payment terms being imposed for any new order. In sales involving a distributor, late payment by the end customer may not in any case be invoked to justify late payment of the STRUCTA INDUSTRIES balance invoice. These general terms of sale and payment prevail over any purchasing conditions of a distributor or end customer.
ARTICLE 5 - Delivery and Installation
Delivery will be made within the timeframe indicated in each order confirmation. Delivery timeframes start from receipt of a “complete” order. Any specific request will impact the shipping lead-time by at least an additional two (2) weeks. Annual closure periods may affect the delivery timeframe without being specified in the order confirmation. Unless specifically provided in the quotation and/or where it is materially impossible for STRUCTA INDUSTRIES to do so (premises closed, work in progress), STRUCTA INDUSTRIES is responsible for organizing transport of the furniture and accessories to the site, their delivery and, upon receipt, handling conformity of orders (condition, references, quantities, colours, sizes, reservations, refusal of damaged parcels, removal of packaging). Products will be delivered to the carrier designated by STRUCTA INDUSTRIES and, in the case of carriage paid by the recipient, to the company designated by the client. Partial deliveries may be made with the client’s prior agreement. STRUCTA INDUSTRIES will not be liable for costs arising from failure to meet the delivery date. Any delay does not entitle the purchaser to cancel the order or to claim interest or damages, unless agreed in writing between the parties. For special orders involving special features or materials, the delivery time is approximate and will start upon receipt of technical information, materials, and their approval by STRUCTA INDUSTRIES. A storage fee will be charged to the client in case of site delay or at the client’s request impacting delivery by more than 15 days. This storage fee is €100 (ex-VAT) per pod per month, with any month started being due. Any delivery cancellation as well as any additional logistics service for transport and installation will be subject to additional billing according to the ESSENTIELLE logistics tariff; payment terms and consequences of non-payment will be the same as set out in the PAYMENT section of these Terms. In the event of cancellation, specific fees apply as follows: D-2 = 50% of logistics costs and D-1 or D-Day = 100% of logistics costs.
STRUCTA INDUSTRIES ensures any assembly and installation of the furniture. To perform these services, STRUCTA INDUSTRIES may use external providers of its choice. In case of non-conformity or damaged furniture and accessories, STRUCTA INDUSTRIES will use best efforts, depending on the situation, to replace and/or complete the item concerned as soon as possible, without its liability being engaged for any shortcomings of its suppliers and/or providers, nor entitling the client to any compensation or to termination of the order. Once the furniture is delivered to the client, the client is responsible for any damage to the delivered furniture and accessories; risk is transferred to the client upon delivery. Upon delivery, the Client must check the conformity of the order delivered (by reference and quantity) and sign the delivery note. In case of anomaly, the Client must indicate its reservations as precisely as possible by writing observations by hand, accompanied by its signature and that of the carrier, on the delivery note, and transmit them to the Company as promptly as possible. Mentions such as “subject to unpacking,” “subject to proper operation,” or any other mention that does not precisely state the delivery anomaly have no legal value and are therefore not admissible. Any claim made after delivery, in the absence of reservations, may be rejected with no possibility of recourse by the Client. Absence of a claim and/or reservations by the Client at the time of delivery means the product delivered is deemed in conformity with the order and cannot be subsequently disputed. Where it is impossible to make reservations due to inappropriate behaviour by installers (non-exhaustive examples: refusal by the delivery person to note and sign reservations, delivery person leaving before checks), the Client must file a claim against the carrier and send it to the Company with its observations, written and signed, by postal mail as promptly as possible. The Client must provide the Company with the identity of the person who will have full authority to receive delivery, sign any related document, and indicate reservations or observations as previously set out. Failing designation of such person and notification to the Company within five (5) days from conclusion of the contract, or if the person is absent on the day of delivery, the delivery will be deemed conforming and the Company’s liability cannot be sought for any reason whatsoever in relation to delivery. Any delivery constraints related to the recipient or access must be anticipated by the Client before delivery. If delivery cannot take place due to the Client’s absence or due to inaccessible roadways, the costs of re-delivery will be invoiced additionally, prior to re-delivery. In all cases, delivery and re-delivery costs, where applicable, remain the Client’s responsibility. The delivery timeframe runs from the day of receipt of the Client’s payment. Delivery times are given for guidance only. The Company endeavours to comply strictly with them; however, any delay in delivery not exclusively attributable to the Company—such as force majeure or a third party—shall not incur its liability, nor give rise to damages, withholdings, or cancellation of orders. The Client expressly accepts that the Company’s liability cannot be sought for delays caused by the Company’s suppliers or other parties working on the sites where the Company performs its services. The Client also expressly accepts that the Company’s liability cannot be sought where delays result from the Client’s late payments due to the Company under the contract. In any event, on-time delivery can only occur if the Client is up-to-date with its obligations towards the Company. Custody of the product and associated risks (deterioration, theft, loss, destruction in whole or in part, damage that may be caused by the product, etc.) are transferred to the Client upon handover of the product to the Client or upon collection of the product by the carrier, regardless of the cause of damage, including fortuitous event or force majeure. Special delivery requirements must be specified before signing the quotation and may result in additional logistics costs and lead-times.
Delivery and installation services provided for in the order confirmation are performed by default, unless otherwise stated, in a single phase at the location designated therein and on the date mutually agreed between the client and STRUCTA INDUSTRIES. The subscribed services include a single trip. They do not include any additional trip or service unless otherwise stated. Any additional logistics service related to logistical conditions will be invoiced additionally at the rates set out in these tariffs, with payment terms and consequences of non-payment equivalent to those specified in ARTICLE 4 – PAYMENT of these Terms.
In the case of collection by the client, STRUCTA INDUSTRIES’ responsibility ends when the products are collected from our warehouses. Where the Comfort Option is subscribed (delivery without installation), delivery will be made only to a logistics warehouse equipped with heavy handling equipment.
Any delivery cancellation and any additional logistics service for transport and installation will be subject to additional billing under payment terms and with consequences of non-payment equivalent to those specified in ARTICLE 4 of these Terms.
Transport is determined and negotiated specifically for each client before shipment. The collection date or installation appointment must be scheduled in advance.
All supplies with transport costs included will be delivered at ground floor level of buildings and to sites equipped with a loading dock, always street-side. Additional charges will apply for delivery to upper floors (stairs or where use of a furniture lift is required) where there is no elevator or lift capable of receiving our packages, the dimensions of which are specified in our technical sheets.
Special delivery requirements must be set out in the ESSENTIELLE logistics information sheet required at the time of order and may result in additional logistics costs and lead-times. An order is deemed valid upon receipt of this carefully completed sheet as well as the order matrix, the deposit, and the validated order confirmation. The order process will only start upon receipt of all order documents, including the logistics information sheet. In this sheet, the client must provide STRUCTA INDUSTRIES with all information necessary to perform the services provided for in the quotation, including: the layout of the delivery site and access conditions for personnel and vehicles (possibility of parking, corridors, doors, stairs, freight elevators, ongoing works, and/or any other specific features). For orders of several pods, a detailed layout plan indicating the desired location for each model ordered will also be required. Depending on the configuration of the order, there may be differences in weight, measurements, and volumes.
Installation services provided for in the quotation are carried out in a single phase, at the location designated therein, and on the date mutually agreed between the client and STRUCTA INDUSTRIES. The subscribed services include a single trip. They do not include any additional trip or service. Any additional logistics service related to logistical conditions will be invoiced additionally at the rates set out herein, with payment terms and consequences of non-payment equivalent to those specified in ARTICLE 4 – PAYMENT of these Terms.
Installation of the pods must take place on a site with no co-activity and with all finishing trades completed. Installation acceptances before the end of the site may be required for projects where there is a risk that the pods may be damaged by other trades.
The electrical supply planned for the pod must be ready and functional on the day of installation. Otherwise, no functional test of the pod can be carried out and STRUCTA INDUSTRIES disclaims any liability for electrical non-conformity and will refuse any new connection or after-sales intervention related thereto.
ARTICLE 6 - Special Manufacture
STRUCTA INDUSTRIES can manufacture special products after prior consultation with our Sales Department, which will inform you about feasibility, price, and the approximate production date. Orders for special products are executed only after client approval and do not entitle the client to any refund, cancellation, or modification. Additional costs caused for any of the above reasons will be charged on the final invoice.
ARTICLE 7 - Warranty
STRUCTA INDUSTRIES offers a three-year warranty against manufacturing defects from the invoice date. The interior lining and electrical components are excluded from this warranty; their warranty is two (2) years. Products and special options requested by the client are also excluded from the warranty. The warranty consists of repairing or replacing non-conforming parts or components, with STRUCTA INDUSTRIES bearing the repair costs.
These costs do not include transport costs. Excluded from the warranty are natural wear and tear or ageing of materials as well as damage caused by negligence, misuse, neglect, or accident. The warranty does not cover stains or wear on fabrics caused by dyes in clothing. The warranty is void if the pod is not used under normal conditions. Any dismantling/reassembly or modification whatsoever of the pods will terminate the manufacturer’s warranty.
ARTICLE 8 - Product Changes and Discontinuation
STRUCTA INDUSTRIES reserves the right to modify its products to improve their quality, safety, or aesthetics, provided the product’s fundamental characteristics are not altered. STRUCTA INDUSTRIES reserves the right to discontinue any product in its catalogue without notice.
ARTICLE 9 - Liability
In the event of difficulties, it is for the client to prove a failure by STRUCTA INDUSTRIES in performing its obligations. Should STRUCTA INDUSTRIES’ liability be incurred due to a breach of any of its obligations, the client acknowledges and agrees that STRUCTA INDUSTRIES will never be liable for indirect or intangible damages such as business disruption, loss of opportunity, or reputational harm. In the case of direct damages, STRUCTA INDUSTRIES’ liability shall, by mutual agreement, be limited to the amounts actually paid by the client under its order. STRUCTA INDUSTRIES shall not be held liable for any failure to perform its obligations if such failure is caused by an event of force majeure as defined by French case law. Expressly considered as force majeure are: total or partial strikes internal or external to the parties, adverse weather, epidemics, blockages of transport or supply means, earthquakes, fires, storms, floods, government or legal restrictions, network and telecommunications service outages, and, more generally, any other event beyond the express will of the parties preventing normal performance of this contract. In the sale of movable goods, the client benefits from the legal warranty under Articles 1641 to 1648 of the French Civil Code. The warranty does not cover normal wear or minor imperfections that were apparent upon delivery. Any action for latent defects must be brought by the purchaser within two (2) years from discovery of the defect (Article 1648 paragraph 1 of the Civil Code). To assert its rights, the client must inform STRUCTA INDUSTRIES, by registered letter with acknowledgement of receipt, of the existence of defects or non-conformities.
The client must report any non-conformities of goods within two (2) business days following receipt, by written communication supported by precise photos and videos sent to STRUCTA INDUSTRIES, explaining the reasons or nature thereof. Loss or deterioration of goods does not release the client from its obligation to pay the agreed price. If it is necessary to ship components or finished products to resolve a claim, the material will be shipped using the shipping method defined by STRUCTA INDUSTRIES.
– Damage caused during transport:
All shipments made by STRUCTA INDUSTRIES include insurance for losses caused during transport. STRUCTA INDUSTRIES will only be liable if the following conditions are met:
Delivery is paid by STRUCTA INDUSTRIES;
The carrier was designated by STRUCTA INDUSTRIES;
At the time of delivery, the carrier’s delivery note states that visible damage or missing products are observed;
After noting any damage, it is reported to STRUCTA INDUSTRIES within no more than 24 hours.
If these conditions are not met, STRUCTA INDUSTRIES loses the right to claim damages from the carrier and, consequently, the products must be paid for by the buyer at the full invoice value. We therefore kindly ask you to check the goods at unloading.
Where transport is not organized by STRUCTA INDUSTRIES or the carrier was chosen by the client, STRUCTA INDUSTRIES will not be liable for any damage caused during transport. A dispute concerning transport damage does not entitle the client to defer payment of the invoice, in whole or in part.
– Claims regarding shade and colour variations on surface materials:
Despite our best efforts to match the colours of fabrics, wood, and other surface materials, there may be colour or shade variations compared with swatches and images. Over time and depending on environmental conditions, colour and shade of fabrics, wood, and other materials may vary. For this reason, there may be shade differences between the various fabric or wood elements comprising the product. There may also be differences between products manufactured on different dates. STRUCTA INDUSTRIES cannot accept returns due to changes in shade of fabrics, wood, or other surface materials. Wood may have knots or veins of varying colours that are not entirely homogeneous; variations may therefore occur from one piece to another.
– Upholstered items:
Upholstered items in light colours—particularly white—make any type of stain more visible and sometimes impossible to remove, mainly due to dyes used in clothing. Given cleaning limitations, STRUCTA INDUSTRIES cannot be responsible for such stains.
– Weight and dimensions:
Weights and dimensions published in the price list may contain errors or may be modified without notice in case of manufacturing improvements by STRUCTA INDUSTRIES. If the accuracy of such data is important, the client is advised to contact customer service or sales to verify exact data. Returns for this reason will not be accepted.
– Oxidation of metal parts:
All our products are designed for indoor, non-humid environments. STRUCTA INDUSTRIES is not responsible for premature deterioration of metal structures in outdoor installations or environments subject to extreme saline conditions.
– Behaviour of wood panels:
Our pods are made of wood-based panels that may react to the environments in which they are placed. Our products are designed for indoor, non-humid environments. STRUCTA INDUSTRIES is not responsible for premature deterioration of wood panels and solid uprights in outdoor installations or environments with significant humidity.
– Glides and castors:
For all our models, we offer different glides and castors that can be adapted to all types of floor coverings. STRUCTA INDUSTRIES will not be responsible for floor damage. It is the client’s responsibility to choose the most appropriate option for each use.
WARNING
We will not in any case accept returns of goods without prior authorization from STRUCTA INDUSTRIES. The company is not responsible for goods returned at the client’s risk. STRUCTA INDUSTRIES will replace or repair non-conforming products at its expense without any further liability. STRUCTA INDUSTRIES disclaims any liability for business losses and/or other losses that may result from product defects.
ARTICLE 10 - Care and Maintenance of Materials
UPHOLSTERY FABRICS:
STRUCTA INDUSTRIES offers in its catalogue a wide range of upholstery fabrics manufactured by leading companies in the sector. Fabric care should be dry-clean only. Important notice: STRUCTA INDUSTRIES is not responsible for stains or colour transfer from users’ clothing to upholstery fabrics. This may occur particularly with light-coloured fabrics.
METAL AND GLASS SURFACES
Under no circumstances should abrasive sponges, cloths, or objects be used. Cleaning may be carried out as follows:
– Clean the surface with a damp cloth and neutral soap. The surface must be dried after cleaning.
– Clean with a solution of water and alcohol.
PAINTED OR LACQUERED WOOD SURFACES AND PARTICLEBOARD
In case of stains, STRUCTA INDUSTRIES recommends cleaning the surface with a damp cloth and mild soap, then drying the surface with a dry cloth. You may also use cleaning products specifically designed for wood.
ARTICLE 11 - Retention of Title – Transfer of Risk
STRUCTA INDUSTRIES retains title to the movable goods sold until full payment of the price by the client, allowing it to repossess said goods. Until full payment of the price, the client undertakes not to resell or pledge the goods. Title to the goods remains with STRUCTA INDUSTRIES until effective and full payment of the price, principal and accessories. Non-payment may result in the recovery of part or all of the goods up to the amounts due or to fall due. Any deposit paid by the client will remain acquired by STRUCTA INDUSTRIES as liquidated damages, without prejudice to any other actions it may be entitled to bring against the client. These provisions do not prevent transfer to the client, upon delivery, of the risks of loss and deterioration of the goods purchased, as well as any damage they may cause.
ARTICLE 12 - Client Obligations
The client undertakes to cooperate in good faith with STRUCTA INDUSTRIES to enable proper performance of its services. The client undertakes to immediately communicate, at STRUCTA INDUSTRIES’ request, any elements and information deemed necessary for performance of its obligations so as to allow, in particular, compliance with the agreed schedule. The client undertakes to allocate the resources and personnel necessary for proper performance of the contract by appointing a project manager. The client shall record in writing any indication relating to its premises or furniture likely to affect the conditions or methods of STRUCTA INDUSTRIES’ intervention. This writing shall be provided at the time of order to STRUCTA INDUSTRIES via the logistics information sheet. The client and STRUCTA INDUSTRIES undertake to maintain loyal relations and, in particular, shall refrain from making statements liable to harm the other’s professional image, reputation, or credibility, without any time limit. The client undertakes to pay for the services at the rates specified in the quotation.
ARTICLE 13 - Termination
If either party fails to comply with any of its obligations under these Terms, the contract may be terminated at the option of the aggrieved party. It is expressly agreed that such termination for breach shall take place automatically fifteen (15) days after receipt of a formal notice to perform that remains, in whole or in part, without effect. The formal notice may be notified by registered letter with acknowledgement of receipt or any extrajudicial act. Such notice must state the intention to apply this clause. In any event, the aggrieved party may seek damages in court. In the event of termination concerning fit-out projects, the client will retain the results of services performed up to the effective date of termination, subject to full payment of the price of said services. The client may not claim a refund of services already performed as of the termination date.
ARTICLE 14 - Intellectual Property – Commercial References
STRUCTA and ESSENTIELLE are trade names belonging to the Company, as are their logos. They are the exclusive property of the Company and may not be used without its prior consent. Any link with a commercial activity without prior consent is strictly prohibited.
STRUCTA INDUSTRIES retains ownership of all intellectual property rights in studies, drawings, 3D visuals, photographs, illustrations, or any other content created for the purpose of providing services to the client. The client therefore undertakes not to reproduce or exploit said documents without the express prior written authorization of STRUCTA INDUSTRIES. The client authorizes STRUCTA INDUSTRIES to take photos and videos of its premises at all stages of the intervention and after delivery, and to use them for promotional purposes on all current and future paper and digital media (website and social networks) without delay. The client authorizes STRUCTA INDUSTRIES to mention its name and the creations made for it as a commercial reference from the date of signature of this contract and without time limitation.
ARTICLE 15 - Insurance
STRUCTA INDUSTRIES has taken out professional and public liability insurance with MMA ASSURANCE. The client of STRUCTA INDUSTRIES declares that it holds insurance covering its civil liability. It is solely the client’s responsibility to verify that the insurances of contractors working on the site cover the performance of the requested works.
ARTICLE 16 - Waiver – Partial Invalidity
Failure by STRUCTA INDUSTRIES to invoke any provision hereof at any given time may not be construed as a waiver of the right to invoke the same provision at a later date. If one or more provisions of these Terms are held invalid or declared as such pursuant to a law, regulation, or final decision of a competent court, the other provisions shall remain in full force and effect. In case of disagreement as to the validity, performance, or interpretation of this agreement, the parties undertake to resolve the matter amicably. However, if the parties fail to reach an agreement through negotiation, they agree that any dispute, disagreement, or claim arising out of or in connection with the performance or interpretation of this contract, directly or indirectly, shall be resolved by legal arbitration.
ARTICLE 17 - Governing Law – Disputes – Jurisdiction
These Terms and the operations arising therefrom are governed by French law. Any dispute that cannot be resolved amicably between STRUCTA INDUSTRIES and its client shall be submitted to the competent courts under ordinary law rules. Any change in legislation, regulation, or court decision rendering one or more clauses of these Terms null shall not affect the validity hereof. Such change or finding may not in any case allow the Client to evade compliance with the Terms. Any condition not mentioned herein shall be governed by the legislation in force and prevailing trade usages.
ARTICLE 18 - Personal Data
Collection of certain client personal data is essential for STRUCTA INDUSTRIES to perform its assignments. Personal data collected from clients are processed by STRUCTA INDUSTRIES. They are recorded in its client file and are indispensable for processing orders. This information and personal data are also kept for security purposes and to meet legal and regulatory obligations. They will be retained as long as necessary for performance of orders and any applicable warranties. STRUCTA INDUSTRIES is the data controller. Access to personal data will be strictly limited to employees of the data controller authorized to process them by reason of their duties. The information collected may be disclosed to third parties contractually linked to the company for the performance of subcontracted tasks, without the client’s authorization being necessary. In performing their services, such third parties have only limited access to the data and are obliged to use them in compliance with the applicable personal data protection legislation. Apart from the cases set out above, STRUCTA INDUSTRIES undertakes not to sell, rent, transfer, or provide access to data to third parties without the client’s prior consent, unless compelled to do so for a legitimate reason.
ARTICLE 19 - Election of Domicile
For performance of its contracts and of these Terms, STRUCTA INDUSTRIES elects domicile at its registered office: ZA Plaine de Clairac, 35 Rue Louis Blériot, 26760 Beaumont-lès-Valence, France.