GENERAL TERMS AND CONDITIONS OF SALE  

 

1/ ORDER AND ORDER CONFIRMATION

For clients who make in-store purchases, a version of our conditions of sale appears at the back of the purchase order. When clients place their signatures at the bottom of the purchase order, it is understood that they automatically accept the general terms and conditions of sale.

Goods are invoiced on the basis of the prices shown minus any applicable discounts. The conditions of sale are also stated on our website and in our showrooms.

2/ ORDER CANCELLATION PRIOR TO DELIVERY

Jardin de Ville reserves the right to implement restrictions on products, not limited to those identified as “final sale, a client may cancel an order within ten (10) days of the purchase by contacting the sales representative who served you in the showroom. The cancellation period is reduced to 48 hours from the purchase in the case of tailor-made products such as cushions, pavilions and special orders. Beyond these timelines, all costs incurred in relation with an order will remain the responsibility of the customer.

3/ PAYMENT

Payment methods include: credit card (Visa and Master Card), cheque or certified cheque (received at least 10 business days before the delivery date), cash and wire transfer. No orders shall be delivered until full payment is made beforehand, unless products are out of stock.

4/ DEPOSIT

Full payment is required when the order does not exceed $5,000 (with taxes).

Full payment is required for all special orders.

Full payment is required for all orders over $5,000 which are deliverable within 10-business days of the invoice date.

A minimum deposit of 50% is required on all orders over $5,000 (merchandise in stock and back-order) when the delivery is to be expedited after 10-business days of the invoice date. No order will be expedited or shipped until cheques have been received and cashed.

5/ EXCHANGE & REFUND POLICY

No goods will be accepted if they have been physically damaged, mishandled or soiled by the customer.

The return of goods, solely from our regular product line shall be accepted if it is done within a seven day period following the date of delivery (in its original condition). Beyond this seven-day period, Jardin de Ville will charge customers for the cost of return, calculated at a minimum fee of 25% of the value of returned merchandise. Please note it is the client’s responsibility to arrange for transportation of returned goods to our warehouse, all costs associated remain the responsibility of the client.

Refer to point number 6 (Returned Goods), for regular cushions, tailor-made cushions and other items.

6/ RETURNED GOODS

For all in-store purchases, the following conditions apply:

a) Tailor-made goods (e.g. cushions, pavilions):

-No exchange or refund will be made on cushions, whether these are regular, tailor-made, personalized or made according to the client’s
specifications. This condition shall also apply to our pavilion product line.

b) For all other products from the regular product line, please contact your sales representative.

7/ GENERAL SALES CONDITIONS

Monthly interest of 2% will be applied to all overdue accounts (24% per year). If the client is unable to make the required payments and it becomes necessary to place the account with a collection agency or a lawyer, the client will be held responsible for the full payment of the outstanding sum, together with the principal, interest and any costs related to the collection of the debt.

8/ SPECIAL AND TAILOR-MADE ORDER TIMELINES 

Jardin de Ville is dependent upon the delivery schedules of its suppliers; this means that some products offered are subject to stretched procurement timelines. If a product is out-of-stock or if a delay in manufacturing prevents the delivery of the ordered product within a reasonable timeline, Jardin de Ville will inform the client in order to find a mutually acceptable solution.

9/ WARRANTY & CUSTOMER SERVICE 

Jardin de Ville offers a variety of warrantees on its products and encourages clients to bring their concerns to our attention within a period of seven (7) days from the delivery date, by telephone or registered post, for any potential claims related to product quality. The obligation under this warranty is limited to the replacement (identical product of equal value) or the repair of defective products. Products cannot be replaced until they have been verified and approved by the manufacturer; shipping costs and labor will remain the responsibility of the customer.

10/ DELIVERY, ADDRESS & TIMELINE

The validity of the delivery address (including the telephone number) is the client’s responsibility. We cannot be held responsible for any delays in delivery or non-delivery due to incorrect or incomplete addresses. It is the client’s responsibility to remove existing furniture to ensure an uncomplicated installation. It is the client’s responsibility to ensure the availability of an elevator, ramp or loading dock for delivery.

The client shall be responsible for verifying the condition of all package(s) received at the moment of delivery.

In stock goods are expected to be delivered within ten business days, exceptions may apply (i.e.) remote locations. For “tailor-made” and special order products, an average of a three to four week delivery timeline should be anticipated. Custom made cushion orders are subject to a longer production period of approximately six to eight weeks. It is the responsibility of the client to fill in a custom cushion form and return the form to a sales representative.

11/ SHIPMENT BY AN INDEPENDENT CARRIER 

Jardin de Ville will not be held liable for any delays or other problems resulting from orders that have been expedited and subcontracted to independent carriers, and for which delivery timelines that have been agreed upon beforehand with customers.

As such, any delays incurred after the merchandise has left the warehouse will not be the legal responsibility of Jardin de Ville and will thus remove the Purchaser’s right to cancel the order, to refuse receipt of products, or to claim compensation.

Moreover, in the event of a problem or dispute with the independent carrier (delay, strike, loss, damage, etc.) Jardin de Ville cannot be held liable for any consequences thereof.

Where and when it is appropriate, the Purchaser should note his or her reservations on the delivery remittance slip and pursue recourse of action directly with the transport company.

12/ TRANSPORTATION FEES

Unless otherwise advised, transportation fees will be charged according to the regional rates in effect.

13/ CUSTOMER PICK-UPS (DIRECTLY AT THE MIRABEL WAREHOUSE) 

Prior to client pick-ups, the client must verify the opening hours of the warehouse, must have the purchase agreement on-hand and must have paid the final balance. Upon taking possession of furnishings it is the client’s responsibility to verify the condition of the merchandise and immediately report any irregularity to Jardin de Ville personnel and make known any discrepancies between the received product and the ordered product (incorrect reference code, wrong product colour, item missing….)

14/ STORAGE FEES

Starting on October 15, all orders which have not been delivered due to client negligence will be subject to monthly storage fees, equal to 1% of the total value of the orders with a minimum charge of $150.

15/ PROPERTY & JARDIN DE VILLE BRAND 

In accordance with the relevant legal provisions, the products manufactured or sold by Jardin de Ville remain the property of Jardin de Ville until all payments due hereunder have been made. All products under the Jardin de Ville brand are the intellectual, creative, artistic and commercial property of Jardin de Ville. All counterfeiting or attempt of counterfeiting is prohibited and may result in prosecutions against the offender.

16/ INTERNET USE

Jardin de Ville’s liability may not be invoked in the event of damage or inconvenience inherent to the use of the Internet network, namely service interruption, loss of data, outside intrusion, or IT viruses. Jardin de Ville reminds its clients that despite its effort to display images as accurately as possible, photographs cannot ensure perfect similarity with the actual products, notably in nuances of colour.