ORDERED

  • At the store:

Any order issued by the CUSTOMER constitutes a firm and irrevocable commitment on his part.

The acceptance of the order by the SUPPLIER is, if necessary, notified in writing to the CUSTOMER or results from the establishment of the
corresponding invoice.

The sale is deemed concluded on the date of acceptance of the order by the SUPPLIER or in the case of a deposit paid, on the date
of payment.

The delivery of supplies will only take place on an order form or receipt or signed invoice, one or the other of the

documents being duly signed by the receiver appearing on behalf of the CLIENT. His signature will automatically be equivalent to that of the CLIENT even if the removal is carried out by a carrier mandated by the CLIENT.

  • On the Internet:

The buyer, who wishes to buy a product must:
– fill in the identification form on which he will indicate all the details requested or give his customer number if he has one;
– complete the online order form giving all the references of the products or services chosen;
– validate the order after having checked it;

No payment is expected online and it is made at the store pickup or delivery.

The confirmation of the order implies acceptance of these conditions of sale, the recognition of having perfect knowledge of them and the renunciation to avail oneself of its own conditions of purchase or other conditions.

All the data provided and the confirmation recorded will constitute proof of the transaction. Confirmation will be worth signing and acceptance of transactions.

The seller will send confirmation of the recorded order by email.

AVAILABILITY OF PRODUCTS

The product offers and associated prices are deemed valid as long as they are visible in stores and on the homedepot.nc site, within the limits of the stocks available in our docks and following the availability indication mentioned on the site which is set constantly updated.

Stock errors are possible. In case of unavailability, the customer can choose either to withdraw the product from his order or to wait for this product the next arrival.

PRICE

The prices are in CFP Francs and All Taxes Included (TTC). The rate and amount of the TGC will be displayed on the invoice.

HOME DEPOT reserves the right to modify its sales prices at any time.

REMOVAL AND DELIVERY

The risks are borne by the purchaser from the moment the products have left the HOME DEPOT premises.

In the event of withdrawal from the store, the customer has 3 days to collect the goods. After this period, the sale will be considered null and the products will be put back on sale. Delivery times are given for information only and without guarantee.

In the event of delivery, a deadline will be agreed with the CUSTOMER depending on the workload and possibilities of the SUPPLIER and the availability of the CUSTOMER.

The products are invoiced at the ex-works price of the SUPPLIER’s warehouses. The delivery costs will be invoiced in addition if necessary.

The goods will be assumed to have been received by CLEINT or its agent on collection or delivery.

Any complaint must be made by the CUSTOMER, in writing, to the SUPPLIER within three days of receipt.

Deliveries are made to the address indicated in the order form which can only be in the agreed geographical area.

In the event of damage during transport, the reasoned protest must be made to the carrier within three days of delivery.

PAYMENT

Payments will be made at the HOME DEPOT store pickup or upon delivery.

Payments will be made by bank card; check; bank transfer or cash.

In the event of delivery, the method of payment must be announced in advance. In case of non-payment on delivery, the goods will not be delivered.

RIGHT TO RETRACT

Buyers, non-professional individuals, benefit from a withdrawal period of eight days from the delivery of their order to return the product to the seller for exchange or credit without penalty, with the exception of return costs. No refund is made.

When the right of withdrawal is exercised, HOME DEPOT makes a credit to the customer of all the sums paid, as soon as possible and at the latest within thirty days from the date on which this right was exercised. The voucher allows the customer to pay a purchase at HOME DEPOT for the amount indicated and is valid for three months.

CONFORMITY OF THE PRODUCT – WARRANTY

  • At the store: 

The CUSTOMER is required to check the conformity of the products delivered or withdrawn within 8 days.

In the absence of a written complaint sent by mail to the SUPPLIER within this period, the products will be deemed to comply with the order and may not be returned or exchanged, except with the prior agreement of the SUPPLIER.

The commercial warranty conditions attached to the product are detailed in the invoice. Unless otherwise stated on the invoice, the products are not subject to any guarantee other than the legal guarantee.

  • On the Internet:

All products supplied by the seller benefit from the legal guarantee provided for in articles 1641 and following of the Civil Code.

In the event of non-conformity of a product sold, it may be returned to the seller who will take it back, exchange it or reimburse it.

All complaints, requests for exchange or reimbursement must be made by post to the following address: BP 512 – 98845 Nouméa Cedex, within thirty days of delivery.

LITIGATION

Any dispute between THE SUPPLIER and THE CUSTOMER will be under the exclusive jurisdiction of the jurisdictions of NOUMEA, whatever the change of seat or domicile of the CUSTOMER.

TERMINATION

The opening of an account granted to the CUSTOMER will be terminated ipso jure, if the SUPPLIER so desires, and without prior notice being necessary solely because of non-compliance with one of the clauses of this act.

TITLE RETENTION CLAUSE

The SUPPLIER expressly reserves the ownership of the goods it has delivered and this until full payment of their price and interest due.

The delivery of a draft or title creating an obligation to pay does not constitute a payment.

In the event of total or partial non-payment of the price of the products at maturity, we and we alone can demand the immediate return of our products without losing our other rights, at the expense and risk of the CUSTOMER.

In the event of seizure by THIRD PARTIES of these goods and accessories, THE CUSTOMER is required to immediately inform THE SUPPLIER.

In case of settlement, receivership or liquidation, the claim for these goods may be made within the period of THREE MONTHS from the publication of the judgment opening the procedure and this by application of Law No. 85-98 of January 21 1985 published in the OFFICIAL JOURNAL OF NEW CALEDONIA on May 7, 1985.

The goods remain legally the property of the SUPPLIER until the actual and final collection of the total amount due by THE CUSTOMER and the purchaser may not resell them without the agreement of the primitive SUPPLIER. Despite the application of this retention of title clause, the buyer will bear the cost of risks in the event of loss or destruction upon delivery of the goods.

The Purchaser therefore becomes responsible, upon delivery, for any damage that may be caused to the goods or caused by it. He also becomes responsible in the event of total or partial loss, theft or destruction, for any reason whatsoever.

PERSONAL DATA

In accordance with the law relating to data processing, files and freedoms of January 6, 1978, information of a nominal nature relating to buyers may be subject to automated processing.

Home Dépôt undertakes not to disclose to third parties the information that you communicate to it. They are confidential and will be used by the internal services of Home Dépôt for the processing of the order as well as for the personalization of the offer reserved for homedepot.nc customers: Product newsletters, mailing, … and personalization of the offer of the site and its environment according to your interests.

Buyers may object to the disclosure of their contact details by notifying HOME DEPOT. Likewise, users have the right to access and rectify data concerning them.

If you no longer wish to receive advertising from HOME DEPOT (exercise of the right of opposition or withdrawal of a consent already given), contact us at homedepot@canl.nc.

If, after having consented to your data being transmitted to our business partners, you wish to reconsider this choice and no longer receive advertising from them, contact us at homedepot@canl.nc You can access your data, rectify or have them erased. You also have a right to

ARCHIVING AND PROOF

HOME DEPOT will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code.

The computerized registers of HOME DEPOT will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

DURATION

These conditions apply from June 1st, 2020 until their possible modifications.