GENERAL CONDITIONS OF SALE AND USE
2. Terms of subscription orders and purchase process
3. Product price, taxes and delivery costs
4. Payment information
5. Delivery or provision
6. Customer Service and right of withdrawal
7. Warranty for products purchased on this site
8. Provisions specific to the nature of some products
9. User space
10. Exemption from liability of the publisher
11. Contribution of the visitors and evaluations of the products
12. Newsletter editor and its partners
13. References to the Computing and Freedoms law
14. Terms relating to the collection of " cookies "
15. Intellectual property on the elements of the website
16. General provisions and applicable law
(a) legal Notices
To comply with the provisions of the law for confidence in the digital economy of 21 June 2004, will be set out below the legal notice required in order to enable the identification of the publisher of this website.
This site is edited by Webpoint, with the SIRET number 51113593100026 and domiciled in this quality at 194 chemin de la madrague ville, 13015 Marseille, france. The editor is available by telephone or by electronic mail at the following address : firstname.lastname@example.org
Exempt from registration pursuant to article L. 123-1-1 du code de commerce. TVA non applicable, article 293B du CGI.
This site is hosted by the company contabo.com, whose registered office is situated , available by phone at the following number :
Aschauer Strasse 32a
Tel: +49 89 3564717 70
Fax: +49 89 216 658 62
This site is open access and free to all internet users. It is a website selling services and products online.
(c) Acceptance of the general conditions of sale
Subscribe to a contract governed by these general terms and conditions with the publisher of this site implies acceptance by the user of the general conditions of sale. The user acknowledges that he has read and understood the terms. This acceptance will consist in the fact, for the user, validate the present general conditions.
The user recognizes the value of evidence of the automatic registration systems of the editor of this site and, except for him to bring proof to the contrary, he refuses to contest in the event of a dispute.
The acceptance of these general conditions is assumed on the part of users that they have the legal capacity necessary to do this, or that they have permission from a guardian or a curator if they are unable, from their legal guardian if they are minors, or even that they may be holders of a warrant, if they are acting for the account of a legal person.
Products and services are sold within the limit of stocks available. The availability of products and services is as specified on the site, in the description of each item.
In order to meet the provisions of the law on confidence in the digital economy of 21 June 2004, will be described below in the order process :
To place an order, the user may select one or more products and/or services and add them to their cart. When his order is complete, it will be able to access his cart by clicking on the button provided for this purpose. Consulting his shopping cart, the user will have the option to verify the number and the nature of the products that he has chosen and will be able to verify their unit price and the total price of the order. It will have the ability to remove one or several products from their shopping cart. On this summary will be indicated to the user the faculty which he possesses, or not to exercise his right of withdrawal as well as the delays and terms and conditions that apply.
If his order suits him, and he wants to validate, the user will be able to click on the validation button, it will access to a form where he can enter his login id if it already has one, or register on the site by completing the form which is presented to him, with the personal information.
Once it is connected, or after it has fully completed the form, the user will be prompted to monitor or change the details of delivery and billing, to read and validate the present conditions, to confirm his order and then will be invited to make the payment being redirected to the secure payment interface.
Once the payment has been actually received by the editor of the site, the latter undertakes to acknowledge receipt to the user electronically, within a maximum period of 24 hours.
The same and in the same time, the publisher undertakes to send the user an email summary of the order to confirm the treatment and to provide him with all information concerning the order.
The prices indicated on the site are heard in Euros, all taxes included and excluding shipping costs. Prices are firm, no discount, or rebate, or drawback. These prices can be changed at any time by the editor. The price applicable to the client is the one in force when placing the order.
The delivery costs will be, in any event, indicated to the customer before any settlement.
In case of delivery outside of the european Union and Dom-Tom, the user is informed that customs duties and other taxes may be payable. The necessary formalities and the payment of these taxes and duties are not the responsibility of the editor and are in any case at the expense of the user. It is therefore incumbent upon the latter to check all these data as well as the possibilities of importation of the product from the competent authorities of the country of delivery, prior to any order on the site.
The GOODS REMAIN THE PROPERTY OF The PUBLISHER UNTIL FULL PAYMENT OF THEIR PRICE, IN ACCORDANCE with THIS CLAUSE OF retention OF title. THE RISKS ARE TRANSFERRED TO THE CUSTOMER AFTER THE DELIVERY OF THE PRODUCT.
The user can place an order on this site and may make the payment by credit card, cheque, bank transfer.
Payments by credit card are made through secure transactions provided by the service provider : https://www.ips-payment.com.
In the context of payments by credit card, the publisher of this website does not have access to any data relating to the means of payment of the customer.
The delivery periods set out in article below do not begin to be effective as of the date of actual receipt of payment by the seller, the latter can prove it by all means. Failure to receive the payment from the customer within a period of eight days from the order, the order will be solved and the products offered for sale on the site.
The default of payment of any sum due to the editor, will give rise to the perception of penalties equal to three (3) times the legal interest rate that will add a lump sum of 40 euros for recovery costs. These penalties will be due from the day following the due date of the unpaid amounts, without prior notice.
Orders are delivered via eMAIL and/or downloading, or by any carrier designated by the publisher in a time of 1 business days after the full payment is received corresponding to the command.
Certain goods or order volumes may justify a delay in delivery upper, this shall be expressly stated to the attention of the user at the time of validation of the order.
a) customer Service
The customer service of this site is available Monday to Friday from 9h to 17h, at the telephone number the following non-premium : 0987104275, by electronic mail to the following address email@example.com or by postal mail to the following address : Webpoint, 194 chemin de la madrague ville, 13015, Marseille, france. In these last two cases, the publisher undertakes to provide a response within two working days.
b) Right of withdrawal
The consumer has the right to withdraw from this contract without giving any reason within a period of fourteen days (14 days). The withdrawal period will expire fourteen days after the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods or of the last good.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of a declaration, devoid ambiguity (for example, a letter sent by post, fax or e-mail). For your convenience, you may use the attached model withdrawal form, but this is not mandatory.
For the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
In accordance with the provisions of article L121-21-8 of the consumer code, the consumer will not, in any way claim to the exercise of any right of cancellation for orders that are audio or video recordings or computer software if they have been unsealed by the consumer.
(c) Effects of withdrawal
In the case of withdrawal on your part, we will refund you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from the fact that you have chosen, if applicable, a type of delivery other than the less expensive standard delivery offered), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you expressly agree for a different way ; in any case, this refund will be of no cost to you. We may withhold reimbursement until we have received the goods or until you have provided proof of shipping of the property, whichever is the first of these facts.
You have to return or surrender the goods, without undue delay and in any event not later than fourteen days after we have communicated your decision to withdraw. This deadline shall be deemed met if you send back the goods before the expiry of the period of fourteen days.
You will bear the direct cost of returning the goods. The cost of returning the goods when, by reason of its nature, cannot normally be returned by Post will be indicated by the editor prior to the conclusion of the contract.
Your responsibility is engaged only in respect of the depreciation of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
All products and services on this site are distributed in the compliance with the legislative and regulatory provisions in force in France. The views required by the legislative and regulatory provisions in force are carried out on this site, and in particular in the description of each item.
The creation of a user account is a prerequisite to any order from a user. To this end, the user will be asked to provide certain personal information. The user undertakes to provide accurate information under penalty of termination of the contract at the initiative of the editor and delete the user account.
Some of the information will be deemed essential to the conclusion of the contract, and their collection will be indispensable to the creation of the account and to the validation of the conclusion of the contract. The refusal by a user to provide said information will have the effect of preventing the creation of the user account as well as, incidentally, the validation of the order.
This space allows the user to view all orders made on the site, and also allows him, if necessary, to follow the delivery of the purchased products.
If the data contained in the account user were to disappear as the result of a fortuitous event, a technical failure or a case of force majeure, the responsibility of the publisher of this website cannot be held liable, this information having no probative value, but only an informative character. The publisher will, however, keep securely all contractual elements of which the preservation is required by law or regulation in force.
The editor reserves the exclusive right to delete the account of any user who has contravened these terms and conditions (including, but not that this example does not have any exhaustive nature, when the user has provided knowingly false information when registering, and the constitution of his / her account) or any account that is inactive for at least a year. The said deletion will not be likely to constitute a harm for the user who may not claim any compensation as a result.
This exclusion does not exclude the possibility, for the editor, to undertake judicial prosecution against the user, when the facts have justified.
When creating the account user, the user will be prompted to choose a password. This password is the guarantee of the confidentiality of the information contained in its account, and it is therefore prohibited to transmit or communicate to a third party. Otherwise, the site can not be held responsible for any unauthorized access to the user account.
(a) Accessibility of the site and force majeure
In case of inability to access the site because of technical problems of all kinds, the user cannot avail himself of an injury and can not claim any compensation.
The unavailability, even prolonged and without any time limitation, one or more products, can be constitutive of injury to the user and shall not give rise to the award of damages and interest on the part of the website or its editor.
The publisher shall not in any event be held liable for the breach of contract which may be attributable to a case of force majeure within the meaning given to it by the courts of law French.
(b) visual Representation of the products
The visual representations of the products published on this site, are guaranteed by the publisher as a perfectly faithful to the reality, in order to meet its obligation to perfect information. However, in the current state of the art, the rendering of these representations, in particular in terms of colour or shape, can significantly vary from one computer to another or differ from reality depending on the quality of the accessories and graphics of the screen, or depending on the resolution of the display. These variations and differences may not, under null hypothesis be charged to the editor, who may in no case be responsible for this fact.
(c) the Products sold on the site
The publisher undertakes to comply with all the applicable provisions in force in France and will not be held responsible for non-compliance with regulatory and statutory provisions in force in the other countries.
The publisher of this website shall in no case be held responsible for the misuse of the products, the poor maintenance of the product, accidental damage or misuse of the products.
The products offered for sale on the site being sold not installed, the user states to make his case of installation of the products they will have to make in the rules of the art and in accordance with the instructions for use.
The hypertext links on this site may refer to other sites on the internet and the responsibility of the publisher of this website cannot be held responsible if the content of these sites violates the laws in force. Similarly, the responsibility of the publisher of this website cannot be held responsible if the visit by the user, of one of these sites, caused him harm.
The user is given the faculty to post comments on the products offered by this site. It will also, where appropriate, of the power to assign a note to the product.
The comments need to be made in French. The content of the comments and contributions must be strictly in accordance with the public order and good morals and does not have an activity which is unlawful or illegal. The user also undertakes to respect the rights of third parties.
The publisher of this site reserves the right to delete or edit any message that may be in violation of this section without notice or compensation.
By ticking the box provided for this purpose or by giving their express agreement to this end, the user agrees that the publisher can send them, at a frequency and in a form to be determined by it, a newsletter which may include information relating to its business. When the user checks the box provided for this purpose, they agree to receive commercial offers from the publisher of this site for products and services similar to those ordered.
Users will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).
Similarly, the user have accepted the disclosure of personal information (including email address) to third party partners in this site by checking the box provided for this purpose, may need to receive newsletters issued by these partners, commercial or not, to the frequency and in the manner determined by such partners.
The user has at any time entitled to unsubscribe by clicking on the link provided for this purpose, found in each of the newsletters issued by such partners. Otherwise, the user has the possibility to unsubscribe by engaging directly with the issuers of those newsletters (newsletters). The publisher of this website shall in no case be held responsible for the content, data or forms of newsletters (newsletters) sent by the said partners, regardless of the harm allegedly suffered by the user. All complaints must be addressed directly to the issuer of the newsletter (newsletter).
(a) General – Purpose – Duration
The user is free to provide his personal information. The provision of personal information is not necessary for browsing the site. In other hand, the inscription on this site involves the collection, the editor of a number of personal information about The user. The user who does not wish to provide the information necessary to create a user account will not be able to place an order on this site.
The collected data are necessary for the proper administration of the services offered on this site as well as the fulfilment of the contractual obligations by the editor. These data are retained by the publisher of this unique quality, and the publisher agrees not to use them in another context, or pass them on to third parties, without the express consent of users or in cases provided by law.
The contact details of all the registered users on this site are stored for a maximum duration of 12 months from the removal of personal space, reasonable time necessary for the proper administration of our website and to use normal data. These data are stored in secure conditions, according to the current means of the technique, in accordance with the provisions of the data-processing Law and Freedoms of January 6, 1978.
(b) the Right of access, rectification and opposition
In accordance with the Computing and Freedoms law, the user has the right to oppose, query, access and rectification of the data it has provided. For this, they simply make the request to the editor of this site, in issuing it to the following email address : firstname.lastname@example.org, or by mail to the registered address of the publisher mentioned in the top of these terms.
The collected personal data shall be processed by computer and are exclusively reserved to the publisher of the site.
(c) IP Address
In addition, the publisher reserves the right to collect the IP (Internet Protocol) service to any user. The collection of this IP address will be carried out anonymously, it will be retained for the same duration as personal information and will only be used to allow the proper management of the services offered on this site. The IP address refers to a set of numbers, separated by points for the unique identification of a computer on the Internet.
The editor will communicate all of the personal data relating to a user of the Police (at the request of judicial) or any person (on the order of the judge). The IP address of any computer can be reconciled with the actual identity of the subscriber owned by ISP providers access to the internet).
(a) General – Purpose – Duration
In order to allow the user an optimal navigation on the present website as well as a better functioning of the various interfaces and applications, the publisher may proceed to the implementation of a cookie on his computer station. This cookie is used to store information relating to navigation on the site (date, page, time), as well as any data entered by the user during his visit (search, login, email, password). These cookies are meant to be kept on the computer of the user for a variable period of up to 12 months, and can be read and used by the editor during a subsequent visit of the user on this site.
(b) the Right of opposition to the implementation of the cookie
The user has the possibility to block, modify the retention period, or delete this cookie through the browser interface (usually : tools or options / privacy or confidentiality). In such a case, the navigation on this site will not be optimized. If the systematic disabling of the cookies on the browser of the user cannot use certain services or features provided by the editor, this malfunction cannot in any case constitute a harm to the user, who may not claim any compensation as a result.
(c) Deletion of cookies
The user also has the possibility to delete cookies previously present on his or her computer, by going into the menu of their browser for this purpose (usually: tools or options / privacy or confidentiality). Such an action has no impact on its navigation on this site, but will lose to the user all the benefits provided by the cookie. In this case, he will have to re-enter all the information about it.
All elements of this site are the property of the publisher or authorization to operate and are protected by the legislation on intellectual property.
The user acknowledges that, in the absence of permission, any copying, full or partial and any distribution or operation of one or more of these elements, modified, will be capable of giving rise to legal action taken against him by the publisher or its rights holders.
This protection will focus on all text and graphic content of the site, but also on its structure, its name and its graphic.
Likewise, the user acknowledges being informed that the matrix of the present general terms and conditions has been filed with a court bailiff and any reproduction, even partial, of this document may be the subject of legal proceedings for parasitism economic.
a) Amendment of the terms and conditions
These terms and conditions may be modified at any time by the editor of the site or his representative. The general terms and conditions applicable to the user are those in force on the date of the order. The editor undertakes to keep all its previous general terms and conditions, and to send them to any user who requests it.
(b) applicable Law and competent courts
These terms and conditions are subject to French law and the exclusive jurisdiction of the French courts. The language of the contract is the French language, any version that is available in a foreign language on the website has an informative value. Similarly, this site may be translated into different languages in order to facilitate the navigation of users non-francophones who want to order on the website.
IN the EVENT OF a DISPUTE WITH A CLIENT HAVING THE QUALITY OF a TRADER, in THE SENSE given to IT by THE COURTS OF FRENCH LAW, EXCLUSIVE JURISDICTION IS CONFERRED on THE COURTS IN THE JURISDICTION WHERE The PUBLISHER IS ESTABLISHED.
(c) amicable Settlement of disputes
Except public policy provisions, any and all disputes which may arise in the course of the execution of the present terms and conditions before any legal action, be submitted to the discretion of the editor of the site in view of an amicable settlement. It is reminded that applications for settlement does not suspend the time limits allowed for the prosecution of legal actions.
If one of the clauses of these general conditions were to be declared null and void by a decision of a court, such invalidity shall not affect the validity of the other clauses, which shall continue to produce their effect.
(e) Non-waiver of rights
The fact, for the parties, does not rely on a temporary basis or a permanent of one or more clauses of these general conditions, does not prevail in any case a waiver to avail of the remaining terms and conditions.
If a consumer wishes to cancel his order, he can use the form below.
==========================================================MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
Attention Webpoint, 194 chemin de la madrague ville, 13015 Marseille, france. by electronic mail to the following address : email@example.com
I/we (*) you notify/notify (*) this is my/our (*) withdrawal from the contract for the sale of the property (*)/for the provision of services (*) below :
∗ Ordered on (*)/received on (*) : ........................................................
∗ Name of the consumer(s) : ..........................................................
∗ Address of the consumer(s) : ............................................................
Signature of consumer(s) (only in case of notification of this form on paper) : ....
∗ Date : ..........................................................
(*) Delete as appropriate.