GENERAL CONDITIONS OF SALE
Clicking on the button "Confirm Order" means at that time you buy the product and that you accept these Terms and Conditions of sale. Please read the General Conditions of sale: they constitute the clauses of your purchase contract. Sales are realised by the manager of the ACCASTILLAGE DIFFUSION site, the society INTERMER, ZI du bois de Leuze, 13310 Saint Martin de Crau. However, to provide you with a better pre and post sales service, the ACCASTILLAGE DIFFUSION store selected during your online purchase will be your main contact for advice, information on the product or any claims. It is to them any inquiries or claims should be directed.
Preliminary Article - The company (INTERMER) The Company INTERMER is a company with capital of 185,895 Euros, having its registered office in St Martin de Crau (13310), ZI du Bois de Leuze, Rue Denis Papin, and numbered at the Registre du Commerce et des Sociétés de Tarascon under the number B 334 871 621. Its TVA number is FR37334871621 Publishing Director: Jean-Paul Roche Number of Customer Service: +33 (0) 4 90 47 01 10 Electronic address: firstname.lastname@example.org Host: Tel.: +33 (0) 3 88 764 764
Article 1 - Product features
Product specifications are available on the electronic catalogue. The information in this catalogue has been compiled in good faith using references and documentation from our suppliers and faithfully reproduces the products offered for sale. Any minor variations in the representation of the products does not engage our responsibility and does not affect the validity of the sale. The photos and texts of articles represented is not contractual in character. We reserve the right to change any article to improve its quality or performance. We invite you to contact the ACCASTILLAGE DIFFUSION Store chosen to obtain further information about products and all usage advice. Our store consulting network is available for this purpose.
Article 2 - Product availabilty
Products offered on our site are offered only to the limit of stocks available from us or our suppliers. In case of product unavailability after the placing of an order, we will inform you via email or mail, as soon as possible. You could then accept the delivery time imposed by the unavailability or request cancellation or exchange of your order by sending an email. You will be refunded in this case no later than thirty (30) days, with payment of any sums paid.
Article 3 - Order processing on the site
The order process is conducted in the following steps: Order: By clicking on the "Confirm Order" icon at the end of the ordering process, you declare, that you irrevocably accept the order made, delivery charges relating thereto and the full Terms and Conditions applicable to this order, without reserv
Acknowledgement: For all orders placed online, we send you an acknowledgment via email. This acknowledgment shall have an identification number of your order, the identification of goods ordered, the price including all taxes contained, including commodity prices and the amount of VAT related to the delivery charge. This acknowledgment means that we have taken your request and are processing it. It does not constitute confirmation of your order. Changes in the conditions of the order: Your order will be confirmed automatically if, within three working days, you do not receive any new messages from
If this is not the case, that is; assuming we would not be able to deliver the product ordered under the conditions requested, you will be sent an email. This mail will inform you of the conditions under which we would be able to satisfy your request. If these new conditions are not satisfactory, it is your responsibility to send us, within three working days,an email or mail informing us of your cancellation request. If no response is received by us, your order will be concluded on the basis of the latest terms presented.
In case of modifications affecting the selling, or delivering of products (eg modification of the delivery period), we will keep you informed by email.Track your order: We invite you to monitor directly progress of your order on our website under "Your Account", or via the ACCASTILLAGE DIFFUSION store selected. Entering your username and password will be required for every visit.
Printouts of your order: We recommend that you save to your computer and print a copy of your order, terms of sales, the delivery report, any messages possibly modifying the terms of the order, and any other communications that you may need to share with your ACCASTILLAGE DIFFUSION Store.
Right of the company: We reserve the right not to follow up an order if we have had previous experience of unpaid bills or if it has abnormal or unusual elements.
Article 4 - Delivery and reception
We strive to organize our activities so that they meet the delivery dates announced. These are purely indicative. Any delays in delivery can not under any circumstances give rise to penalties or compensation of any kind at our expense. However, you may terminate the contract if delivery is not reached within seven (7) days after the stated delivery deadline and this delay is not due to force majeure, by sending a letter with acknowledgment of receipt sent within sixty (60) working days from the date specified for delivery of the product. War, riot, fire, strike, or partial at the company or of that of our supplier of the products ordered, the blocking of means of transportation or supply, notably of postal services, a failure of Internet or telecommunications network, explicitly, are considered as force majeure relieving us of any obligation to deliver. Delivery means the delivery of products to the address specified when ordering. In case of unavailability of a product, we reserve the right to split your order and deliver the ordered products available. This subdivision will not result in any additional delivery costs to you.
You are responsible for reception of the products addressed to you or to return them from the address and within the time specified by the carrier. At default of reception from you within the time specified we will proceed automatically to the resolution of the sale and keep the products to meet any customer orders. You will still be able to reclaim money paid by registered letter with acknowledgment. The refund will cover the amount of the purchase price after deducting all costs resulting from the absence of reception of products, including all shipping and product returns and product management fees set at 15 Euros. Please understand that we can handle long pending issues and deal with such applications several weeks after the return of products. Also, if your refund request is not made within thirty days after the end of the period during which you had to remove the products, we would be entitled to retain permanently the sums paid.
Article 5 - Right of retraction
As part of a distance contract, you have a right of withdrawal without penalty and without specific reasons. The withdrawal period is currently fourteen (14) business days from the date of receipt of goods. If this deadline expires on a Saturday, Sunday or holiday, it is extended until the next business day. This right of withdrawal can not be exercised in the following cases :
> the supply of goods made to customer specifications or clearly personalized or which, because of their nature, can not be returned or are liable to deteriorate or expire rapidly;
Warning : customized products as ropes, Bungees, net, etc… could not be returned neither exchanged
> the supply of audio or video recordings, computer software or electronic cards unsealed by the customer;
In case of exercising the right of withdrawal, we pledge to refund you the total amount paid (product price and costs delivery). Reimbursement will be made, by any means of payment, within fourteen (14) days from the right of withdrawal.
The withdrawal right can be exercised only to the extent that the products are returned to us
> in their original packaging
> in perfect working order and presentation
> without having undergone any use or installation.
Costs and responsibility for product returns are your responsibility. It is also your responsibility to select the most appropriate means of transport, and to package the product with the utmost care, taking account of its fragility. A product that does not meet the conditions of return above or may be adversely affected, particularly by the fact of transportation, may not be refunded. To enable us to identify the returned products, we ask that you report the product back to customer service, prior to its dispatch and when contacting the ACCASTILLAGE DIFFUSION store, use that chosen and whose addresses are shown on the Receipt and the Invoice. A refusal to receive products from the carrier can not be seen as an exercising of this right of withdrawal.
Article 6 - Price
Products ordered online will be invoiced by the ACCASTILLAGE DIFFUSION site manager and the INTERMER company, based on the online rate in effect at the time of your order. Prices include VAT and exclude delivery charges.
Regarding to the law, we are allowed to cancel an order if the price show an evident mistake or is issued from technical problem or is not standard regarding the low (L. 442-2 du Code de commerce ) that does not allow a vendor to sell a product at a price under cost price.
Article 7 - Payment
Payment Terms: Payments must be made in Euros. Payment is by credit card when ordering online. Remember that to pay online you must enter the number and the expiration date of your card in the spaces provided for this purpose. Your order will be recorded and confirmed upon confirmation of payment by the banking service you choose.
The debit from the card is made the moment of order shipment.
Payments are secured by encryption protocol for data exchange SSL (Secure Socket Layer) and use the payment platform Atos Origin of our banking partner Banque Populaire.
Reservation of title: We retain full ownership of the products sold, until payment of the full price in principal and accessories, including fees and taxes.
Article 8 - Returns
Direct all complaints to the ACCASTILLAGE DIFFUSION store chosen and identified on the Receipt of your order or the Invoice. It is your responsibility to receive the products to verify their compliance with the order and their apparent condition. In the event that the products do not comply with the order or present any abnormality, you must clearly indicate this on the delivery form. These and all other claims on the compliance or the condition of goods should be sent within 48 hours to your ACCASTILLAGE DIFFUSION store.
If at the time of delivery, original packaging is damaged, torn, open, then you should check the condition of items. If they were damaged, you must refuse the package and note this on the delivery note (parcel refused because opened or damaged). In all other cases, you are asked to keep the products that you believe to be nonconforming, damaged or suffering from an apparent defect. You will be told via email how to proceed, including how to return them. Compliance with these provisions and deadline conditions aids our consideration of your account and the resolution of the order.
If the defect is compliance, apparent failure of the product or of damage to the product, we send a new product as soon as possible. You have to request a return coupon, we will take care of wat back transportation costs as those to resent the product, never use another procedure.
In the event the exact replacement of the product would not be possible, we will offer a similar product or the cancellation of the sale as regards the affected product and reimbursement of its price.
Hidden defects warranty: Some of the products we offer benefit from a specific manufacturer contractual guarantee. This warranty is sometimes presented in the descriptions of guarantee on our catalogue but is in all other cases in the product packaging. The ACCASTILLAGE DIFFUSION store chosen by you is also able to provide you with any information on the contractual warranty concerning the product of your choice.
It is understood that this contractual warranty is offered by the product manufacturer. We can not in any way assume any liability for failure of the manufacturer in the execution of this guarantee.
For the implementation of this warranty, please submit the products to the ACCASTILLAGE DIFFUSION store chosen, or any other stores in the network. If you prefer to exercise this warranty individually, shipping and product returns are your responsibility. Regardless of the contractual guarantee, we remain liable for the lack of conformity of goods within the contract and fatal flaws as provided in sections 1641 to 1649 of the Civil Code
Article L211-4 of the Consumer Code The seller must deliver goods in conformity with the contract and is liable for defects of conformity existing upon delivery. They are also responsible for faults of conformity resulting from the packaging, installation instructions or installation when it was put to them by the contract or carried out under its responsibility.
Note: Ordinance 2005-136 2005-02-17 Article. 5 : The provisions of this Ordinance shall apply to contracts concluded after its entry into force.
Article L211-5 of the Consumer Code To comply with the contract, the product must :
1 ° Be specific to the purpose usually associated with such a product and, where applicable :
> Match the description given by the seller and possess the qualities that he has presented to the Customer as a sample or model
> Present the qualities that a buyer can reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labelling
2 ° Or have the characteristics defined by mutual agreement by the parties or be suitable for any particular purpose for which the Customer, made known to the seller and which the latter agreed. Note: Ordinance 2005-136 2005-02-17 Article. 5 : The provisions of this Ordinance shall apply to contracts concluded after its entry into force.
Article L211-12 of the Consumer Code The action resulting from lack of conformity lapses two years after delivery of the goods. Note: Ordinance 2005-136 2005-02-17 Article. 5 : The provisions of this Ordinance shall apply to contracts concluded after its entry into force.
Civil Code Section 1641 The seller is required to guarantee against hidden defects of the thing sold which render it unfit for use for which it was intended, or that decrease this use, the Client would not have bought it or have offered a lower price if he had known.
Article 1648 Civil Code section 1 The action resulting from latent defects must be brought by the purchaser within two years after the discovery of the defect.
Article 10 - Proof
The data registered by the ACCASTILLAGE DIFFUSION site manager and INTERMER company (especially regarding the nature and date of orders) and e-mails exchanged as recorded and stored by it, evidenced by the parties and constitutes proof of all transactions made by the ACCASTILLAGE DIFFUSION site manager, the INTERMER company with clients of the ACCASTILLAGE DIFFUSION site. We may need to conduct checks for transactions made on the site. As such, we may ask you for additional information or disclosure of evidence supporting the information provided (eg proof of residence).