Solution d'isolation thermique, acoustique et protection incendie

All orders imply the customer's unreserved acceptance of the General Terms and Conditions of Sale (“GTCS”). Consequently, none of the clauses on order forms or correspondence received from our customers may derogate from them, unless otherwise agreed in writing with the customer. These General Terms and Conditions of Sale may be supplemented by specific general terms and conditions or special terms and conditions of sale in accordance with current regulations. Our company is free to set its own commercial policy and reserves the right, at any time, to make any changes it deems necessary to these terms and conditions. To access the current version at the time of ordering, the customer can flash the QR code at the end of the GTCS.

Studies and recommendations are made on the basis of information provided by the customer. It is the customer's responsibility to check them and have them checked for compliance with the rules of the trade and the specific instructions for use of the products.

The prices indicated in our offers may be subject to conditions or a period of validity. In the case of staggered or deferred deliveries, our prices may be revised according to variations in supply conditions or our commercial policy. Unless otherwise agreed in writing, our prices are always for goods sold and approved ex works or ex our warehouses. Prices include any applicable eco-contribution. All pricing conditions for our products and services (delivery, craneage of goods, pallet consignment, etc.) are available from our branches. Invoicing and account management fees, as well as fees for specific services (pallet return, etc.) may also be invoiced to the customer.

Goods travel at the risk of the business customer, unless otherwise agreed in writing between the parties. In the case of on-site delivery, the customer must be present at the agreed date and time. The place of unloading, which must be clearly specified by the customer on the order form, must be accessible by a road that can be driven on, without danger or risk. The customer is responsible for directing all manoeuvres required for access to and traffic on the site. Our company declines all responsibility for any damage caused by the carrier on site, due to difficult access or unsuitable terrain. The unloading of goods is the responsibility of the customer, unless otherwise stipulated. If the business customer is absent at the time of delivery, the goods may be unloaded at the customer's risk. In the event of a consumer customer's absence, our company will contact the customer to arrange a new delivery date. This new delivery may be invoiced.

For business customers, late delivery cannot give rise to any penalty or compensation, nor can it be grounds for cancellation of the order.

For consumer customers, goods are delivered on the date or within the period indicated at the time of the order. Failing this, the consumer customer may cancel the order in accordance with article L.216-6 of the French Consumer Code.

In the event of refusal to accept delivery or failure to collect the goods ordered, our company may freely dispose of them eight (8) days after notification sent by registered letter with acknowledgement of receipt (“LRAR”) requesting the customer to accept delivery or collect them, which has remained without effect. Our company will then retain any deposit paid by way of compensation, except for goods ordered specially for the customer (“Special Orders”), which will not be taken back or exchanged, and for which the customer will remain liable for the full sale price and ancillary costs, without prejudice to any damages which may be claimed.

Without prejudice to the foregoing, if the customer has not picked up or taken delivery of his order thirty (30) calendar days after the date of availability, he may be charged storage penalties amounting to 2% of the total amount of the order, including VAT, per month of storage, any month begun being due.

The customer undertakes to comply with all applicable laws and regulations, in particular those relating to export control.

In the event of delivery, it is the customer's responsibility to check the condition of the goods before unloading, and to express any reservations precisely on the delivery note, and to confirm these reservations with the carrier by registered letter within three (3) days of delivery. In the event of receipt of goods which do not conform to the order by a professional customer, any complaint must be sent to our company by registered letter within eight (8) days of the date of delivery or collection of the goods.

Complaints concerning the apparent non-conformity of our goods will only be considered prior to installation.

In the absence of precise and justified reservations, the delivery will be considered as conforming to the order, releasing our company and the carrier from their obligations in respect of the delivery, without this being an obstacle to the subsequent application, where applicable, of commercial or legal guarantees.

It is the customer's responsibility to familiarize himself/herself with the product's labeling, technical data sheets, installation recommendations and any other information on the product or its packaging before laying or installing the product. For supplies of certain materials (notably tiles, reconstituted stone, natural stone, wood and products incorporating wood, etc.), dimensions, color shades, appearance, structure and weight may be subject to variations inherent in their manufacture or nature, within the usual tolerances. When storing and installing wood or products containing wood, it is essential to control the hygrometry of the atmosphere, the substrate and the product.

Certain products are covered by a commercial warranty upon presentation of the invoice. Information concerning this warranty, granted by the supplier, can be found in the documents enclosed with the sale. This guarantee applies independently of legal guarantees, and does not replace them. The scope of our commercial warranties does not exceed those granted by our manufacturers. These warranties are valid subject to normal and proper use of the goods, compliance with technical specifications (D.T.U.) and manufacturers' recommendations. Excluded from the commercial warranty are the replacement of consumables and malfunctions due to faulty maintenance and/or normal wear and tear of the goods.

In any event, our liability is limited to the amount of the order; in the event of an order being the subject of several deliveries, our liability will be limited to the amount of the part of the order at the origin of the dispute. All other compensation of any nature whatsoever is excluded, in particular compensation for any immaterial loss which may be the direct or indirect consequence of the defect in the goods.

The customer acknowledges and accepts, to the fullest extent permitted by applicable regulations and in particular those applicable to consumer customers, that our company may only be held liable for direct material damage resulting from a duly proven fault, to the exclusion of :

• Force majeure and fortuitous events;
• Faulty actions or omissions by the customer in the implementation of these GTC;
• From compensation for indirect damages, moral prejudice, costs, losses, reduction in sales or profits, or liabilities of any nature whatsoever.

Notwithstanding the legal provisions on force majeure and unforeseen circumstances, either party may request the automatic suspension of the order by operation of law in the event of a pandemic/epidemic, including a pandemic/epidemic in progress, which, by its own effects or due to constraints imposed by the public authorities, prevents or renders more onerous the execution of all or part of the order. In such a case, either party may notify the other party by registered letter or e-mail with acknowledgement of receipt of the automatic suspension of the order by operation of law.

This suspension of the order shall not entitle either party to any compensation, and only services performed at the date of such notification shall be settled by the debtor party.

In addition, at the initiative of the most diligent of the parties, the parties may agree to modify the conditions of execution of the order in order to make them compatible with the new situation.

In the event that this situation persists for more than sixty (60) days without any agreement being reached that would allow the order to be resumed, either party may terminate the order by registered letter or by e-mail with acknowledgement of receipt. However, this right of termination shall not apply to Special Orders.

Ownership of the goods shall pass to the customer upon full payment of the price and all related costs. The risks of loss, theft or deterioration of the goods are transferred to the customer from the moment the customer takes possession of the goods, upon delivery or collection at the point of sale. In the event of repossession of the goods in application of the present retention of title clause, all sums already paid by the customer shall be retained by our company by way of damages. In the event of damage to goods sold and not paid for, our company may claim from the customer or his insurer the benefit of the insurance indemnity paid.

Unless otherwise agreed at the time of order or by application of a legal provision, the customer may return goods at his own expense and risk within the period defined in our company's commercial policy, notably displayed at the point of sale. Returned goods must be in their original condition and packaging, unused and accompanied by their accessories, user and maintenance manuals. By way of exception, no returns will be accepted for perishable, off-sale or discounted goods, nor for Special Orders, customized products, products made to customer specifications or resized products, unless an exception is expressly provided for in our company's commercial policy.

The customer must formulate his return request by contacting the point of sale, which reserves the right to request proof of purchase. After verification and acceptance of the condition of the goods returned, the customer will be refunded the amount corresponding to the purchase price of said goods, either in the form of a credit on account for customers who have an outstanding balance with our company, or in the form of a refund.

Our company may require payment of a deposit for any purchase. Our invoices are payable in cash, unless otherwise agreed, and without discount. However, payment of periodic invoices, within the meaning of article 289, paragraph 3 of the French General Tax Code, may not exceed forty-five (45) days after the invoice date. Any dispute concerning invoicing must be made in writing within fifteen (15) days of receipt of the invoice by the customer, failing which it will be inadmissible.

Our company may, within the framework of the execution of a contract or an order for successive execution, and in consideration of its financial situation, ask the customer for a guarantee of payment of the price of the goods delivered or to be delivered. In the event of non-payment on the due date or refusal to accept our bills of exchange, all our claims shall become due and payable, without prior formal notice. In addition to the application by operation of law of a flat-rate indemnity for collection costs of forty (40) euros due by any professional customer, overdue sums will automatically and without prior notice give rise to the application of late payment penalties equal to the latest refinancing rate of the European Central Bank plus 10%, payable on the day following the settlement date. The costs of any contentious recovery proceedings shall be borne by the customer.

Failure to pay by the due date may result in the automatic application of a penalty equal to 15% of the unpaid amount.

In the event of non-payment by the customer of the sums due or refusal to accept our bills of exchange, and after notification as soon as possible, our company shall have the right to suspend and/or cancel all or part of the orders in progress and to refuse any new sale, without prejudice to any damages and interest.

The GCS are governed by French law. For any question, claim or implementation of the present terms and conditions, the customer must address his request to our company:

• By email to the sales outlet address or
• By post to the sales outlet address

For any claim relating to a purchase and submitted in writing to our company within the last twelve (12) months, and which has not resulted in an amicable settlement, the consumer customer may have recourse, free of charge, to a mediation procedure. Our company offers you the opportunity to contact the AME Conso mediation service via its website: www.mediationconso-ame.com or by writing to the following postal address: AME Conso, 197 Boulevard Saint Germain, 75007 Paris. The solution proposed by the mediation service is not binding on the parties, who remain free to terminate the mediation process at any time. For professional customers, jurisdiction is expressly attributed to the Commercial Court of the location of our registered office, notwithstanding multiple defendants and/or third-party claims, even for emergency proceedings or protective proceedings in summary proceedings or by petition.

The purpose of personal data communicated to our company by the customer is to ensure the proper execution of orders, to manage commercial relations, to improve the quality of the products and services offered, to draw up commercial statistics and/or to enable the customer to benefit from offers from our company, its group companies and, where applicable, its commercial partners, in compliance with the applicable regulations on personal data. In accordance with these regulations, the customer has the right to access, rectify, delete and object to any personal data concerning him/her, which he/she may exercise:

• by writing to the following address: privacycontact.SFIC.FR@saint-gobain.com or
• by post to the following address: Distribution Aménagement Isolation. Personal data, LE DIAPASON 216/218 Avenue Jean Jaurès 75019 PARIS.

For further information, please consult the “Your data and your rights” section of our website www.smiso.com and the corresponding detailed notices.

In accordance with article L.223-2 of the French Consumer Code, the customer can register on an opposition list against telephone canvassing via the BLOCTEL website (www.bloctel.gouv.fr).

Depending on the type of waste concerned, the price of the products may include an eco-contribution to help manage their end-of-life. Our company collects this waste under the conditions laid down by law, and can be contacted for further information.

Unique Identifier (UID)

Pursuant to article R.541-173 of the French Environment Code, SGDBF, acting on behalf of our company, the marketer/producer, is registered with ADEME under the following UDIs:

• IDU FR006488_01CIFF for EPR Household packaging and graphic paper;
• IDU FR006488_05UWIE for EPR Electrical and electronic equipment (WEEE);
• IDU FR00648_06SGOE for EPR Batteries and accumulators;
• IDU FR217868_07JMMY for EPR Chemicals (DDS);
• IDU FR006488_10U4ZB for EPR Furnishing components (DEA);
• IDU FR006488_11CNFX under the REP Textiles, household linen and footwear (TLC);
• IDU FR006488_14KHNB under the REP DIY and gardening items (ABJ) (families 3 and 4);
• IDU FR217868_04WQBU under the REP Building construction products and materials (PMCB) (Categories 1 and 2).

REP PMCB

Our company passes on to its customers, without any possibility of rebate, the share of unit costs it bears for the management of waste from PMCB.

The T&Cs are valid from April 1, 2025.