Terms and conditions of use
Welcome to ByDurieux
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use ByDurieux website if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Romania. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
The Seller is a trade only supplier and requires evidence of business trading before supplying any potential Buyer. The Buyer must provide the required documentary proof (i.e. VAT Certificate, Trade Registration No. etc), as well as a fully completed trade application form. The Seller reserves the right to reject any application they feel is not ‘bona fide’ trade.The Seller reserves the right to turn down any prospective customer if they feel that their location can be detrimental to the trading business of an existing account.
THE PRICE AND PAYMENT
All prices are in EURO, EXW Miercurea Ciuc, Romania and are inclusive of standard packaging. All prices are exclusive of transport and V.A.T. We reserve the right to change prices on all goods without prior notice, if appropriate. Payment is to be done like the following: a deposit of 30% of the proforma at the time the order is placed and the balance two weeks before the dispatch of the goods.
The minimum accepted order is 3,000 Euro. The minimum order overseas is for a 20’ container.
DELIVERY / TRANSPORT
The Seller can arrange the transport on request, by truck or by container. Most of the orders are delivered within 4 to 6 weeks from the receipt of the order confirmation and payment. Unless otherwise expressly agreed in writing, any delivery times specified by the Seller in its quotation or otherwise are business estimates only and the Seller will not be liable to the Buyer for any loss or damage (whether direct, indirect or consequential) sustained by the Buyer as a result of the Seller’s failure to comply with such delivery times. Furthermore, the Seller will not accept order cancellations or deposit refunds for delayed shipments. When the Buyer arranges transport they will need to assure the pick-up of goods at the agreed date.
The Buyer is responsible that the trucks can easily reach the unloading place. The responsibility of unloading the goods lies with the Buyer.
The Buyer should unload the goods within 2 hours of their arrival. The Seller shall not be liable to the Buyer for any damage or loss arising directly or indirectly from any delay in delivery. Goods are not accepted by the Seller for return from the Buyer.
Drivers cannot leave vehicles unattended, so please do not ask them to take items to upstairs storerooms etc. The goods will not be delivered at a private / residential address. The drivers may assist unloading but they are not compelled to.
In case of accident, robbery or any other incident that supposedly may affect the integrity of the goods, the Buyer should not carry on unloading the goods and should immediately and formally notice the Seller, both in writing and by telephone. The Seller will immediately contact the transport company and the insurance company that may appoint an agent to take note of the damages.
– In case an incident occurs, the Buyer MUST proceed as follows:
– photos of the truck must be taken before, during and after unloading
– photos of each piece must be taken to prove the defects / damages
– photos of the labels on each piece must be taken to prove the article code and the production lot
– remarks must be made on the CMR, which include a brief description of the damages, number / quantity of damaged pieces
– the remarks on the CMR must be signed, named printed and stamped by the Buyer, the driver should countersign the CMR that contains the Buyer’s remarks
BY DURIEUX will issue the proper export documents and will send the originals by express courier providing that all payment terms had been met. The Buyer is responsible for inland transportation from Miercurea-Ciuc to the Romanian port, all handling costs in the ports of loading/discharge, sea freight and inland transportation in the country of delivery, customs duty, stevedore, demurrage, warehousing, pick-up.
Any visible faulty goods and the quantitative discrepancies have to be mentioned on the CMR transport document when unloading the goods. Failure to comply with this procedure will result in damaged items not being credited. In case of damage that is not apparent the Buyer can make reservations in writing to the Seller within five working days of delivery, Saturdays, Sundays and public holidays exempted. Any non-visible defects and qualitative claim will not be accepted unless the Seller receives the claim, in writing, within 30 days from the receipt of the goods.
For any claim the Buyer has to provide the Seller with detailed photos of the defects and to fill in a standard quality claim form that is available on request.
-Small cracks and splits can appear and are inherent to the solid wood products.
-Small color differences may appear on solid wood furniture.
-Each leather hide has unique marks, color variations and a personality of its own. These distinctive marks are nicks, stretch marks, healed scars and native marks. Only true leather can boast these marks.
All these distinctive things make our products special and are no reason for quality complaints.
Natural variations occurring in wood or other materials are not considered defects and the color-fastness or matching of colors, grains, or textures of such materials may be different from a product to the other.
Furniture made of solid wood is sensitive to the environment. Variations in humidity and temperature may cause the wood to swell or shrink, resulting in the occurrence of unevenness and small cracks. Knots and resin are completely natural. Regardless of whether the wooden furniture is waxed, painted or sprayed it can becomes scratched and dented if treated carelessly. Caution must be taken when using grime grease and liquids.
Please follow the below care instructions to enjoy your furniture to the fullest:
– Do not place the furniture outdoors;
– Do not place furniture next to radiators, heating and cooling vents. Keep the wooden furniture at an even temperature with stable humidity. Recommended climate temperature of 18-22°C, humidity between 40 to 60%.
– Cyclic changes in temperature in an unheated environment (cool at night, warmer during the day) can cause small cracks of the wood;
– Direct sunlight should be avoided; it can dry out wood furniture and has a bleaching effect on wood and finishes;
– Do not put hot, scratchy or wet objects on finished surface; use tablecloth/ place mats;
– Avoid mechanical shocks by handling carefully. Never drag the pieces across the floor, as this will cause damage to the joints;
– For water-based finishes use special wax oil recommended by your furniture retailer to maintain the surface’s natural sheen and resistance against the liquids, stain, and scratches. Apply the same wax on drawers or door’s sliding shafts to ensure smooth gliding.
– Clean sprayed surfaces with a damp cloth using only water or mild soap and water solution and finish by wiping off with a dry cloth.
– Do not use strong cleaning agents containing ammonia, alcohol or silicone.
All upholstery in our range is hand-made using solid wood and chipboard frames. Different quality foam, fabrics or leather may be used, as well as different paints or lacquers for the legs. Regardless of the chosen material or finish, damages can happen if treated carelessly and caution must be taken regarding grime, grease and liquids.
Please follow below care instructions to enjoy your upholstery to the fullest:
– Flip, rotate and fluff removable cushions regularly to ensure even wear and increase longevity.
– Tight, attached seat and back cushions will stretch and wrinkle with use. You can easily restore their appearance by smoothing the surface and tucking excess upholstery into the sides of the seat or back.
– To minimize fading, we recommend placing your upholstered pieces where they won’t be exposed to direct sunlight.
– Because dust and dirt cause upholstery to wear faster, we recommend vacuuming regularly with an upholstery attachment. Also vacuum before cleaning in any form.
– For spot cleaning, use a cleaning product that corresponds with your fabric or leather. Test any cleaner in an inconspicuous area first. Never use spot cleaners containing bleach or alcohol.
– You’ll get the best results if you treat stains immediately. Blot up as much of the spill as possible with a clean, dry, white cloth. Don’t rub.
– For persistent stains and overall cleaning, contact a professional upholstery cleaning company.
– An annual professional cleaning will keep your upholstery looking its best.
The photographs in the catalogue and on the website do not always faithfully reproduce paint and stain colours.
The dimensions in our catalogue and on the website are taken from the widest outside points. They have been provided by the Seller in the belief that they are as accurate as reasonably possible, but they do not constitute a description of the goods and are not warranted to be accurate. When exact dimensions are needed, please advise us when placing the order.
The Seller reserves the right to make any change in design without prior notice.
Under no circumstance shall the Seller be liable to the Buyer for loss of profits or economic loss.
The goods shall be at the Buyer’s risk from the moment the Seller has handed over the goods into the charge of the carrier named or agreed by the Buyer, at the Sellers’ premises.
The goods delivered by the Seller to the Buyer shall remain the sole and absolute property of the Seller as legal and equitable owner until such time as all money due to the Seller has been paid to the Seller.
Seller’s liability can never exceed the value of the items delivered. All orders are accepted on a best effort basis only and can never be seen as a delivery guarantee. Non-delivery of items can never be a justification for any claim to the Seller.
In the case of a reasonably claimable fault, the Seller will be accountable for the costs of the repairs only. The manner in which the repairs would be made are to be initially discussed and agreed by the parties.
The Seller will not be responsible for any other costs, like transport to and from the client, penalties etc.
Any typographical or clerical or other error or omission in any sales literature, quotation, price list, offer acceptance, invoice or other information issued by the Seller shall be subject of correction without any liability on the part of the Seller.
These General Terms and Conditions replace all prior understandings regarding delivery and are valid for all BY DURIEUX deliveries from January, 1st 2019 unless specifically agreed otherwise.
Unless otherwise expressly agreed in writing, all furniture sold is intended for domestic use. We cannot accept responsibility if used for contract/commercial purposes or outdoors.
The copyright in the material and all imagery contained in this website belongs to BY DURIEUX. No person may copy, modify, transmit, distribute, display, reproduce, publish, license or create works from any part of this material or otherwise use it for any public or commercial use without the prior express written permission of BY DURIEUX. You may only view or print individual pages for your own personal use.
NOTE: The Seller’s prices are calculated on the basis that the above Conditions will apply. Buyers requiring prices to be quoted on a different basis should inform the Seller.
These terms and conditions only apply to Buyers who deal directly with the Seller and not Buyers purchasing through agents or distributors.