Terms and Conditions for Delivery and Payment
The following terms and conditions shall govern all deliveries and services. These Standard Terms and Conditions of Sale and Delivery shall apply to all current and future business relationships, provided that any future revisions of these Standard Terms and Conditions of Sale and Delivery will apply to all orders placed after their promulgation. Any conflicting purchasing terms and conditions of the Customer are hereby expressly rejected. Any such purchasing terms and conditions shall apply only if we expressly confirm them in writing. Acceptance of the delivered goods shall be deemed acknowledgement of our terms and conditions reserves the right to amend these Terms and Conditions of Sales and Delivery (the “Terms and Conditions”) at any time. Customers and users are responsible for checking the Terms and Conditions regularly and to have the latest valid version available. These Terms and Conditions of Sale and Delivery shall be deemed accepted by no later than upon acceptance of the goods or services.
1. Prices/Terms and Conditions of Payment
1.1. Prices are in Indonesian Rupiah (IDR) for customers who are living in the country with an Indonesian bank account. For all customers outside Indonesia, prices are in US dollar (USD). Unless special terms are agreed, prices are fixed according to the Incoterm 2000 Ex Works (EXW Kerobokan).
1.2. Upon reception of a deposit of 50%, a proforma invoice is sent with the mention of the deposit reception date of our bank account and the remaining balance payment.
1.3. Upon reception of the 50% for the balance payment, Piment Rouge provides an invoice with the mention of the funds reception date on the bank account.
1.4. No goods will be dispatched until final payment is received.
1.5. No deduction or discount is being granted for immediate payment.
1.6. If payment is done by wire transfer, there is a fee of $ 35 by transfer (Bank Fee).
1.7. The goods shall remain the property of Piment Rouge until paid in for full.
1.8. If payment deadlines are not met, this will automatically give rise to all of the statutory consequences of default, a week after our email reminder. In particular, we reserve the right to charge interest at the applicable rate charged by our bank if such interest exceeds the interest rate prescribed by statute (8% above the reference interest monthly rate). Furthermore, the entire balance shall become due and payable immediately, irrespective of any payment targets.
1.9. In the case of a quotation or custom-made products, Piment Rouge reserves the right to increase the price by a reasonable amount and to deviate to a reasonable extent from the agreed price if a variation of + 10% in relation to the costs of labour, raw material, gas, transport, fuel, freight, duties, taxes (other than the Value Added Tax, if any), exchange rate fluctuations, devaluation, etc… or any other matters affecting the cost of execution of the contract. Over this 10% fluctuation, the quotation or proforma invoice needs to be reevaluated according to the concerned fluctuation.
1.10. Upon 2 weeks after reception of the goods availability by email, the customer will be charged 4 USD per day for storage.
2. Validity of quotations
Piment Rouge calculates the applicable prices on the requested date through a quotation. This quotation is valid only for 30 days from the quotation date written on the quotation unless otherwise agreed in writing.
3. Delivery Dates
We will endeavour to adhere to stipulated delivery deadlines. However, due to the hazards and the various components used for a single lamp, delivery deadlines will not be binding unless expressly agreed otherwise. Our contractual obligations are subject to our supplier delivering the correct products to us on time.
4. Place of Performance and Risk Transfer
4.1. The place of performance for the delivery is the principal place of business of our respective supplying factory. The place of performance for payment is our principal place of business.
4.2. When goods are transported, the risk (of accidental loss, destruction or deterioration) (the “Risk”) shall be transferred to the Customer as soon as Piment Rouge has delivered the goods to the carrier selected by the Customer.
Unless otherwise agreed, Piment Rouge will pack all goods in a carton. Cartons are standardized for each model, These cartons are selected to stabilize each lamp during transportation. However for our electronic commerce website, we are suggesting a wood frame to avoid problem during transportation. We do also recommend separating the stand base from the lampshade to avoid potential marks. Name of the model, customer’s name, carton number will be mentioned on each carton. Specified packaging like wood frame can also be used upon request under an extra fee depending on the dimensions of the shipment. Special boxes with customer’s logo can be done under big quantity.
6. Warranties in Respect of Material Defects and Notification of Defects
6.1. The product shall be free of defects in material and workmanship at the date of delivery from Piment Rouge to the customer.
6.2. Piment Rouge shall not in any event be liable for any special, indirect, incidental or consequential damages, including but not limited to loss of sales or business, loss of profit, loss of use or goodwill, incurred by the customer or any direct or indirect customer of the customer.
6.3. If, despite the greatest care being taken, the goods give rise to complaints, then, obvious defects must be notified without delay 72 hours upon goods delivery. The customer shall upon delivery inspect the delivered products. Hidden defects must be notified without delay after their discovery, otherwise the goods shall be deemed accepted. Complaints and remarks must be received by Piment Rouge in written form, within 72 hours from the day the defect became known or should have become known to the customer. If a complaint is not made within the aforesaid time, the right to make a complaint is lost.
6.4. Complaints cannot be handled without receiving pictures of the defect or receiving the defect products in return with a clearly marked problem. Products returned to Piment Rouge must be packed as received.
6.5. Claims on the basis of defects as to quality (“material defects”) shall become statute-barred 6 months after delivery of the goods to the Customer. Piment Rouge consent must be obtained before any goods are returned.
6.6. If, despite all care being taken at our premises, the delivered goods contain a defect that already existed at the time that the Risk passed, then Piment Rouge will, at our election and subject to receiving notification of the defect within the required time, repair the goods or deliver substitute goods. Piment Rouge must always be given the opportunity to render subsequent performance within a reasonable time.
6.7. Complaints due to errors or lack of information in production files/documentation or design defects in the construction cannot be accepted.
6.8. If subsequent performance cannot be rendered, the Customer may – notwithstanding any claims for compensatory damages – rescind the agreement or reduce the contractual fee. The Customer may not demand compensation for expenses incurred in vain.
6.9. The following shall not give rise to any claims based on defects: merely immaterial deviations from the agreed condition of the goods, merely immaterial impairments to their utility, natural wear and tear, or loss or damage that arises after the Risk has been transferred as a result of incorrect or careless treatment, overuse, unsuitable operating resources, defective building work, unsuitable building foundations or special external influences that are not required under the contract and mentioned in our quotation. In addition, if the Customer or a third party improperly (in a non-workmanlike manner) carries out maintenance work or modifications, then no claims based on defects may be made in respect of such work or modifications or the resulting consequences.
6.10. Claims on the part of the Customer for expenses necessary to enable subsequent performance, particularly transport, infrastructure and labour costs and the cost of materials, are excluded to the extent that such expenses are higher because the goods delivered by us were subsequently taken to a location other than the Customer’s business premises, unless such transportation is consistent with the authorised use of the goods.
Samples prices are fully paid upfront. The difference between the price of the samples and the production prices is paid back upon confirmation of the final order in deduction of the total amount.
8. Order Cancellation Policy
Special Orders and custom orders cannot be cancelled and they are non-refundable without exception. The customer is solely responsible for items fitting into the premises (including all accessibility and entrances) and for any customization in design, upholstery, or stain colors. The customer must make sure that color you have ordered is the color you desire. In case of dimensions changes request after drawings have been submitted to your approval, changes are subject to a new quotation and a new time production process. The waiting time for the customer approval is 48 hours. Over this time, the time process will be delayed as much as the number of days Piment Rouge is waiting for the approval.
9. Non-binding Nature of Drawings, Measurements and Weights
9.1. Drawings, diagrams, measurements and weights are approximate only, unless they are expressly stipulated to be binding. Technical documents such as drawings, specifications, illustrations and any information concerning measurements, qualities or weight shall be for informational purposes only and shall not constitute a warranty as to specific qualities. All technical advice, recommendations and services of the Supplier are intended for use by persons having skill, at their own risk, and the Supplier assumes no responsibility. The Customer hereby waives all claims against the Supplier, for results obtained or damages incurred from the use of the Supplier’s advice, recommendations and services. The Customer must guarantee that working drawings (construction diagrams) supplied by it do not infringe the Proprietary Rights of third parties. The Customer must hold us harmless in the event that rights of recourse are asserted.
9.2. All technical documentation shall remain the intellectual property of Piment Rouge and may be used only for the agreed purpose or the purpose stated by the Supplier.
9.3. Documents supplied by us may not be copied or made available to third parties, or used for any purpose other than the agreed purpose.
10. Intellectual Property Rights
10.1. If Piment Rouge is sued for infringement of any patent claim by reason of supplying to the Customer a product which is of the Customer’s origin or design, the Customer will defend such suit at its own expense and will indemnify and hold the Supplier harmless against damages which are assessed and indemnify the Supplier for any expenses and costs which it may incur as a result of such suit.
10.2. The Customer shall hold defend, hold harmless and indemnify the Supplier against any claim of violation of copyright or trademark arising out of the stamping, molding, impressing or printing of any design or wording on the products supplied to the Customer.
11. Relevant information Regarding our Electronic Commerce Website
11.1. Piment Rouge wants you to be pleased with the goods that you purchase and with the service that you receive from us. These are our conditions of sale and you should read them carefully as they apply to your order. We ask you to review your order and accept these terms and conditions of sale during the registration process. Please note these conditions of sale are for online customers only and if you have placed an order in one of our stores you should refer to the printed copy of the conditions of sale you received when confirming your order.
Your use of this website constitutes your agreement to be bound by the following terms and conditions related to the use of the website. These terms and conditions are subject to change from to time to time without prior notice. After such a change, your use of the Web site constitutes your agreement to be bound by the changed terms and conditions. You should therefore be sure to review these terms and conditions each time you log on to our Web site. Delivery can only be done inside Indonesia in 15 different cities throughout the country in a collecting point located at our forwarding agent.
11.2. The supplier of the goods under your order is Piment Rouge whose registered office is at Jln Serangan 3 – Pengubengan Kauh, Kerobokan, 80361 Kuta, Bali, Indonesia. All communications must be made to email@example.com, or by calling 0361 847 6118, or by post to the above address.
11.3. When you order goods from us a contract will be formed when you receive a copy of your email order confirmation. If your order is placed by email, a contract will be formed once you receive our quotation.
11.4. If you want to change your order (including the arrangements for delivery or collection), you must contact us immediately upon 1 hour after confirmation of your order. Any changes may delay the delivery of your order. After this delay, you will not have any right to cancel your purchase without paying any extra payment.
11.5. If you purchase the same goods under two or more orders, we cannot guarantee that the goods supplied will be from the same batch and be an exact colour match.
11.6. The price for the goods (including any applicable delivery charges) is as set out in the order confirmation. Extra delivery charges may apply.
11.7. You must pay in full for the goods (including any applicable delivery charges) at the time of placing your order.
11.8. Ownership in the goods we supply to you will not pass until we have received all sums due and payable by you for or in connection with the goods, including (where applicable) delivery charges.
11.9. Selected upholstery for lampshades are made-to-order. These goods are produced only upon the request and confirmation of your order. Any cancellations or changes request for made-to-order items will need to be made within 1 hour from the hour and date of your order was placed.
11.10. Our lighting products are delivered by a transport company. Most deliveries are made from Monday to Saturday between 9:00 am – 5:00 pm.
11.11. Whilst we deliver to most areas in the 15 main cities in Indonesia, we are unable to guarantee delivery, to certain areas. If your city is not mentioned, you should select the closest city which is mentioned on our website.
11.12. If you order several items, you might receive multiple deliveries from our separate delivery services but you will only be charged once, for the delivery of Furniture.
11.13. At the time of placing your lighting order, you will have been informed of the approximate timescale for contact by our home delivery company regarding your delivery or collection. For a lamp that is in stock, we will send you an email to let you know our transport time frame around your city. We will let you know the contact details for you to arrange an appointment for delivery within one week upon receiving your full payment. For an item that is not in stock or that is made-to-order, our sales department will contact you to arrange an appointment for delivery once your order will be ready.
11.14. The delivery service will deliver to room of choice however this is subject to access and Health & Safety guidelines. You must tell us when arranging delivery about any special factors that may result in delivery being more costly and/or taking longer than it otherwise would have, such as parking restrictions, narrow bridges or small entrances. Extra charges for delivery may apply in any of the following circumstances:
– If you change the address where your goods are to be delivered at short notice.
– If delivery is more costly and/or takes longer than it otherwise would have because of any special factors that you failed to tell us about.
– If the goods need to be redelivered because of access problems (e.g. small door frames, awkward turns, narrow passages, steps etc) at the delivery address or because the goods would not fit into the room for which they were intended.
– If the goods need to be redelivered because there was no-one at the delivery address aged 18 or over to sign for the goods at the time arranged for delivery.
– If you need to inform us of any special factors regarding your delivery after you have placed and confirmed your order please call us and send a confirmation by email.
11.15. For our standard delivery items, you will receive a text message a few days before to confirm your parcel is arriving (as long as you have given your mobile phone number). If you are not available the driver will bring back the goods to the distribution center from the transport company. If they are unable to find a suitable and safe location, a card will be left with instructions to find the closest warehouse from your delivery point. If delivery cannot be made within 5 days of our call or email, the item will be returned back to us and a re-delivery fee will apply.
11.16. We will let you know if any extra delivery charges are payable and you must pay these charges before delivery or re-delivery (as appropriate) or, if charged after delivery, within 7 days of receiving notice of such extra delivery charges.
11.17. For all of our products, if we attempt to deliver goods to a delivery address but delivery is impossible or impractical, you may contact us with an alternative delivery address and we will redeliver to that alternative delivery address. However, if we do not hear from you with a suitable alternative delivery address within 7 days of the attempted delivery after sending you 2 reminders, then we may cancel your order and deduct a charge for our administration, transit and storage costs which will be 50% of the price of the goods from your refund. Delivery charges will not be refunded.
11.18. If delivery proves impossible or impractical on 2 or more occasions because of access problems, the goods will not fit into the room for which they are intended or because there was no-one at the delivery address aged 18 or over to sign for the goods at the time arranged for delivery, then we may cancel your order and deduct a charge for our administration, transit and storage costs which will be 50% of the price of the goods from your refund. Delivery charges will not be refunded.
11.19. Occasionally the delivery of your goods may be delayed by circumstances outside our control. If for any reason we are unable to deliver the goods or to have them ready for collection within the original approximate timeframe then we will notify you of the delay and new timeframe as soon as possible. Piment Rouge cannot accept any liability for any losses you incur (including loss of earnings) or for compensation for perceived inconvenience that may be suffered due to any delay.
11.20. On delivery of your items, you will be asked to sign for the goods and we recommend you to inspect all items to ensure you accept them. For this reason you should be present at the delivery yourself. However, if you do ask someone else to take delivery for you, then you must make sure that they are aware of what they need to do. The transport company won’t unpack the goods and they won’t remove the packaging.
11.21. Please notify us of obvious defects that are apparent on first inspection of the goods, such as damaged boxes, missing parts or damage, within 72 hours of delivery and additionally, wherever possible, by describing the defects on the ‘proof of delivery’ document you are asked to sign with pictures which shows clearly the problem.
11.22. For other defects, please notify us as soon as you discover those defects and at the latest within 72 hours of delivery.
11.23. You may notify us by e-mail at firstname.lastname@example.org with pictures as clear as possible in order to show us the problem.
11.24. You agree that we (or our appointed agents) may examine and test any goods that are claimed to be defective to establish whether those defects are our responsibility.
11.25. Where we need to send the goods away for examination and testing, then you will permit us (or our agents) to collect the goods from you for that purpose at the same delivery center address of our transport company.
11.26. Shipping charges are not refundable with the exception of damaged or defective products. Return shipping and re-stocking fees may apply.
11.27. Where defective goods are exchanged, you must allow us to collect the defective goods from you at the same delivery center of our transport company. Please also note that you may have to wait for replacement goods that are non-stock items or are made-to-order.
11.28. For self-assembly goods, we cannot accept responsibility for any self-assembly goods that are damaged.
11.29. Where it cannot otherwise be established that we supplied any goods that are claimed to be defective, then we may require you to produce proof of purchase.
11.30. When we are satisfied that the goods are faulty you will be offered a replacement or full refund of the original purchase price.
11.31. Please note that for made-to-order items, cancellations can only be made within 1 hour from the date you have placed your order, after which it is not possible to cancel without incurring extra charges. Any cancellations after this period would result in a cancellation charge which will be no more than 50% of the value of the goods. This will be deducted from any refund due to you.
11.32. All goods are subject to availability. If for any reason beyond our control we are unable to supply any goods then you will be offered a full refund or, if available and acceptable to you, substitute goods of equivalent quality and price.
11.33. To get the most out of any goods, you should take care to follow the care instructions. The goods we sell are for consumers for general domestic use only and must be used for the intended purpose.
11.34. We will not be responsible for any delay in complying or failure to comply with our obligations under these conditions of sale if that delay or failure is due to any circumstances outside our reasonable control including without limitation fire, flood, acts of terrorism or where we are let down by a supplier.
11.35. These conditions of sale are in addition to, and do not affect, your statutory rights as a consumer. They are the only terms and conditions that are applicable to your order and take the place of any terms and conditions displayed at the point of sale at any Habitat store.
11.36. You may not transfer your rights under the contract between us to any third party without Piment Rouge’s prior written consent.
11.37. If you do not comply with these conditions of sale and we take no action in respect of that non-compliance, our right to take action in the same or a similar situation in the future will not be affected.
11.38. In case of any online shopping disputes, please email email@example.com or call us on 0361 847 6118 or 0361 847 6119. All communications will be in English or Indonesian language.
11.39. These Conditions of Sale and any contract formed in accordance with clause 1 of those Conditions are governed by and construed in accordance with Indonesian Law and will be subject to the exclusive jurisdiction of the courts of Kuta.
11.40. When we refer to “you” and “your” we mean the user of the Website and purchaser of Goods.
11.42. You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. Piment Rouge will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
11.43. If you have any questions about the terms and conditions, the Goods or the Website please email us at firstname.lastname@example.org or call us on 0361 847 6118 or 0361 847 6119.
11.44. We try to make sure that all information on the Website, including descriptions of the Vouchers, and are accurate and correct at all times. However, mistakes do happen. We will try to resolve all information errors on the Website as soon as reasonably possible, and if we reasonably think that such an error has affected your purchase of Goods we will try to let you know. However, because we take these steps we will not be liable to you for any errors on the Website.
12. Reservation of Title
12.1. In the event of breach of duty by the Customer, particularly in the case of default on payment, Piment Rouge is entitled to rescind the agreement and recover the goods. It is not necessary for us to rescind the agreement in order to recover the goods or enforce a reservation of title. Such actions or any pledge of the reserved goods by Piment Rouge shall not constitute rescission of the agreement unless expressly declared by us.
12.2. Piment Rouge reserves the right to charge interest 8% after the 1st mail sent to inform customers for the goods availability. A reminder will be sent to customers about the interest starting date 10 days after the 1st email. Furthermore, the entire balance shall become due and payable immediately, irrespective of any payment targets.
13. Force Majeure
13.1. Either party shall be entitled to suspend performance of its obligations under a contract to the extent that such performance is materially impeded or made unreasonably onerous by circumstances beyond the control of the parties such as (but not limited to) fire, war, industrial disputes, restrictions in the use of power and defects or delays in deliveries by subcontractors caused by any such circumstance. A circumstance beyond the control of the parties, whether occurring prior to or after the formation of the contract, shall give a right to suspension only if its effect on the performance of the contract could not reasonably have been foreseen at the time of the formation of the contract or the quotation.
13.2. If delivery is delayed due to force majeure or due to any actions or circumstances attributable to the customer, the time of delivery shall be extended by a period which is reasonable with regard to the circumstances. In no event shall Piment Rouge be liable for delay or failure to deliver due to force majeure or circumstances attributable to the customer.
14. Limitation of liability
Piment Rouge shall not in any event be liable for any special, indirect, incidental or consequential damages, including but not limited to loss of sales or business, loss of profit, loss of use or goodwill, incurred by the customer or any direct or indirect customer of the customer.
15. Applicable Law
Contracts, quotations are concluded under these Terms and Conditions which shall be governed by Indonesian law, Kuta Court.