1. Object
The present general terms have the aim of defining the rights and obligations of the parts within the framework of the sale in line of goods proposed by the SALESMAN in the consumer.
2. Confirmation of order
Contractual information will be the subject of a confirmation by e-mail way to the address indicated by the consumer within the purchase order.
3. Proof of the transaction
The computerized registers, preserved in the computing systems of the company the SALESMAN under reasonable conditions of safety are regarded as the evidence of the communications, the orders and the payments occurred between the parts.
The filing of the goods of order and the invoices is carried out on a reliable and durable support being able to be produced as proof.
4. Information on the products
All the efforts were made to make sure of the exactitude of the information presented on the SITE SALESMAN.
The SALESMAN or his suppliers is not nevertheless responsible for the special consequences, incidents, damage resulting from the electronic transmissions or the exactitude of information transmitted even if the SALESMAN were informed of the possibility of such damage. The names and marks of products and manufacturers are used only with a one aim of identification. The photographs, descriptions and prices of the products are not contractual.
The offers of offered products on the SITE SALESMAN are valid only within the limit of stocks available. In the event of unavailability of the product after making of your order, we commit ourselves with you informing some in the 7 days and to indicate to you the withdrawal period for reception of this product. If necessary, you will be able, if you wish it, to ask for cancellation (refunding by check within a period of 15 days) or the replacement of a product while forwarding to us e-mail intended for SALESMAN.
Our promotional offers are valid only within the double limit of the period of validity of the offer concerned and stocks available.
5. Price
The selling prices on the SITE SALESMAN are indicated in Euros all inclusive of tax except share in the expenses of sending or delivery, and variations in the year are likely, given that the ordered products are invoiced at the present prices at the time of the taking the order by the SITE SALESMAN.
Our products remain our whole property to the complete cashing of the price.
For a delivery in the European Union, the prices take account of the VAT applicable to the day of the order. They are VAT included. No other customs duty nor VAT will be to regulate for a delivery inside the European Union. Any change of the applicable rate could be reflected on the selling price of the products of the catalog.
For a delivery out of the European Union, the customer will have to discharge customs duties, VAT or other taxes due at the time of the importation of the products in the country of the place of delivery. The formalities which are referred to it are also the exclusive responsibility of the customer, unless otherwise specified. The customer is only responsible for the checking of the possibilities of importation of the products ordered taking into consideration right of the territory of the country of delivery.
6. Modes of payment
Payment must be made in euros and can be done by:
- Credit card, secure payment with Elys Net HSBC
The payment of your purchases made via the secure payment solution Elys Net HSBC. You can pay on web site www.lessensdemarrakech rouen.com with Visa, Master Card.
At the end of your order, you are redirected to the secure payment solution Elys Net HSBC to make payment. Your financial information is never communicated well site www.lessensdemarrakech-rouen.com. Payment is made in a secure area where the URL begins with https: / / (where "s" means secure) information is encrypted and therefore protected before being transferred via the Internet.
- Bank check provided that this check emanates from an banking institution located on the French territory, with the order of DS CONSEIL and to address it to the seat of the company. In the absence of reception of the check in the 10 days of the confirmation of order or rejection of the check by the bank, the SALESMAN reserves the right to cancel the order.
7. Protected online payment
For the made safe online payment, the SALESMAN uses PayPal. PayPal is authorized and regulated by the FSA (Financial Services Authority) of the United Kingdom. Their site is www.paypal.com.
The people of less than 18 years are not authorized to use PayPal.
Paypal stores the following information for each transaction: amount, object of the transaction (goods, services or transfer standard), addresses e-mail, pseudo Skype or phone number. But nor your banking card number, or of bank account will never be revealed with the SALESMAN or thirds. Only the address of delivery and the bill-to-address are provided to the SALESMAN.
8. Mode of delivery
The delivery is ensured by La Poste or another conveyer the address indicated at the time of your order. The purchaser must indicate the address of delivery correctly. In the contrary case, the SALESMAN could not be responsible for impossibility of delivering the parcel.
9. Delivery period
After confirmation of your order, the SALESMAN commits himself depositing the parcel of the purchaser in his conveyer within a 48 hour maximum delay wrought. The parcels are generally conveyed under 3 working days in Metropolitan France. In period of vacation, the activity can be temporarily disturbed and the delivery periods modified for this period.
In the event of absence of your share during the delivery, a transit advice note is left. You must make contact as soon as possible with the deliveryman to receive your parcel.
In the event of return: the expenses of sending are NO refundable. In the event of payment by Paypal, the expenses of Paypal transaction will be deduced some is the cause of refunding.
The delivery period is given as an indication and without guarantee. The time indicated moreover is automatically suspended by any event independent of the control of the salesman having for consequence to delay the delivery. The risks related to the operation of delivery of the product are the responsibility of the salesman. The risks which can run or cause the product are transferred as of the delivery to the purchaser.
As in any forwarding, it is possible to undergo a delay or that the product is mislaid. In such a case, we contract the conveyer to start an investigation. All the efforts are carried out, as a long time as necessary, to find this parcel. If necessary the tradesman will be made refund by the conveyer and will deliver a new parcel identical to his expenses.
We decline any responsibility as for lengthening for the delivery periods because of the conveyer, in particular in the event of loss of the products, bad weather or strike.
All products start from our buildings in perfect state. The customer must announce to the conveyer (or the factor) the least small trace of shock (Holes, traces of crushing etc.) on the parcel, and refuse the parcel if necessary. A new identical product will then be returned to you without expenses. The exchange of very produced declared, a posteriori, damaged during transport, without no reserve being issued with the reception of the parcel, could not be dealt with.
10. Problem of delivery because of the conveyer
Any anomaly concerning the delivery (damages, produced missing compared to the delivery order, damaged parcel, broken products…) on the delivery order in the form of “reserve will have to be imperatively indicated handwritten'', accompanied by the signature of the customer.
The consumer will have in parallel to confirm this anomaly by addressing to the conveyer in (2) the two business days following the delivery date a mail recommended with acknowledgment of delivery exposing the aforementioned complaints;
The consumer will have to transmit a copy of this mail intended for head office of the SALESMAN. Without this report, we do not carry out any exchange. The SALESMAN reserves the right to claim the return of the defective product.
11. Errors of delivery
The consumer will have to formulate near the SALESMAN, the very same day delivery or at the latest the first working day following the delivery, any complaint of error of delivery and/or nonconformity of the products in kind or in quality compared to the indications being reproduced on the purchase order. Beyond this time, any complaint will be rejected.
The formulation of this complaint near the SALESMAN could be made intended for SALESMAN.
Any complaint not carried out in the rules defined above and the time limits could not be taken into account and will release the SALESMAN of any responsibility with respect to the consumer.
In the event of error of delivery or exchange, very produced to exchange or refund will have to be turned over to the SALESMAN as a whole and in his packing of origin in impeccable state intended for SALESMAN.
To be accepted, any return will have to be announced and to have the prior agreement of the SALESMAN, who in the event of agreement will send a second time the parcel at the good address.
The expenses of sending are the responsibility of the SALESMAN, except if it would prove that the product does not correspond to the declaration of origin made by the consumer in the good sense of return.
12. Right of retractation
The retractation right applies only to the person.
In accordance with the articles L. 120-20, the consumer has a seven (7) days deadline calendar to turn over, with his expenses, the products not agreeing to him. This time court as from the day of the reception of the ordering of the consumer. Any return could be announced as a preliminary near the customer service of the SALESMAN. The product will have to be turned over intended for SALESMAN.
Only will be taken again the products returned as a whole, in their packing of origin complete and intact, and in a perfect state of resale. Very product which will have been damaged, or whose their packing of origin will have been deteriorated, neither will be refunded, neither begun again, nor exchanged.
This right of retractation is exerted without penalty, except for the expenses of sending and return and of the expenses of transaction (if payment by Paypal).
On the assumption of the exercise of the retractation right, the consumer has the choice to ask either for the refunding of the paid sums, or the exchange of the product. In the case of an exchange, the reforwarding will be done with the expenses of the consumer.
In the event of exercise of the retractation right, the SALESMAN will make all the efforts to refund the consumer within a period of thirty days.
13.Major force
None the parts will have failed in its contractual obligations, insofar as their execution is delayed, blocked or prevented by a fortuitous occurence of major force. Will be regarded as an emergency done everything or irresistible circumstance, external with the parts, unforeseeable, inevitable, independent of the will of the parts and which could not be prevented by these last, despite everything the reasonably possible efforts.
The part touched by such circumstances will warn of it the other in the ten business days following the date on which it will have been informed.
This right of retractation is exerted without penalty, except for the expenses of sending and return and of the expenses of transaction (if payment by Paypal).The two parts will approach then, within a period of three months, except impossibility due to the emergency, to examine the incidence of the event and to be appropriate of the conditions under which the execution of the contract will be continued.
If the case of absolute necessity has one duration higher than one one month duration, the present general terms could be cancelled by the injured part.
In way express, are regarded as emergency or fortuitous occurences, in addition to those which are usually retained by the jurisprudence of the courses and the French courts: the blocking of the means of transport, earthquake, fires, storms, flood, the lightning, the stop of the telecommunication networks or difficulties specific to the external telecommunication networks with the customers.
14. Not partial validation
If one or more stipulation of these general terms are held for not validated or declared such pursuant to a law, of a payment or following a definite decision of a court of jurisdiction, the other stipulations will keep all their force and their range.
15. Not renunciation
The fact for one of the parts of not prevailing itself of a failure by the other part with any of the obligations aimed within the framework of the present general terms of sales could not be interpreted for the future as a claim with the obligation in question.
16. Applicable law
The present general terms are subjected to the French law. It is thus for the rules of funds as for the rules of form.
In the event of litigation or of complaint, the consumer will address in priority to the SALESMAN to obtain a friendly solution.
17. Personal data protection
All the data that you entrust it to us are in order to be able to treat your orders.
Under the terms of the law No 78-17 of January 6th, 1978 relating to data processing, the files and freedoms, you have near the SALESMAN a right of correction, consultation, modification and suppression of the data that you communicated to us. This right can also be exerted on line.
18. Litigations
Any order placed via the SITE SALESMAN carries the adhesion of the customer, and this without any restriction, with the general terms of sale of the SALESMAN.
In case of Business to Business, the present conditions are subject to French law. In the event of litigation and absent an amicable settlement between the parties, jurisdiction is assigned to the courts competent for the jurisdiction of the corporate headquarters of DS CONSEIL, notwithstanding a plurality of defendants and/or the introduction of third parties, even for emergency proceedings or protective measures or summary procedures or by petition.
