These terms and conditions of sale operate between the following parties:
D.S.L. S.A.R.L. - 8, Avenue du Maréchal Leclerc - 40130 Capbreton
France.
D.S.L. S.A.R.L. with a capital of 15 408 euros, registered at the R.C.S of Dax
under number SIRET 334 834 140. Hereafter referred to as "ADISHATZ.COM"
and Internet users who wish to make a purchase on the "ADISHATZ.COM"
website, hereafter referred to as "customer".
These terms and conditions govern the sale of any product displayed on "ADISHATZ.COM".
The parties agree that their relations will be exclusively governed by this
contract, excluding any other terms.
Any order duly confirmed on the "ADISHATZ.COM" website implies complete
and unreserved acceptance of these terms and conditions of sale and, where
applicable, any particular or specific terms relating to one or more products
or orders.
All elements of the "ADISHATZ.COM" website (visual or relating to
underlying technology) are protected by copyright, trademarks or patents. They
are the exclusive property of "ADISHATZ.COM".
Le site "www.adishatz.fr" est hébergé par la
société Aditu, Technopole Izarbel, Maison du parc, 64210 BIDART.
ARTICLE 1 : PRICE
The prices are displayed in euros, but do not include the expenses of treatment
and forwarding (see article 3: Delivery).
The VAT included is French VAT, charged at the rate which applies to the
products concerned. If the VAT rate is modified, these changes may affect the
prices of the items without the customer receiving any prior notice.
In the event of order towards a country other than the Metropolitan France, the
customer becomes the importer of the products concerned.
For all the products dispatched out of the Metropolitan France, the price will
be calculated without the VAT automatically on the invoice.
Customs duties or other local taxes or import duties or taxes of state are
likely to be exigible.These rights and duties are not "ADISHATZ.COM"
responsability.They will be the responsibility of the customer and become his
whole responsibility, as well in term of declaration as of payment at the
authorities and/or qualified organizations of the country of the customer.
We advise you to inform you at your local authorities.
"ADISHATZ.COM" shall be entitled to modify the sale prices of its goods
and services at any moment.
However the products will be invoiced on the rate in effect at the time of the
recording of the order, subject to availability.
The products remain the property of "ADISHATZ.COM" until the complete
payment of the price.
ARTICLE 2 : ORDERING
On the Internet :
http://www.adishatz.com
The official language of these terms of sale is French.
In order to be valid, any order must be carried out in accordance with the
procedure dictated with the customer.
ARTICLE 3 : AUTHENTIFICATION
When the customer clicks on the "BUY NOW" icon after the process of order, the
customer states to accept the order, as well as the entirety of these general
terms of sale fully and without reserve.
The recorded data by "ADISHATZ.COM" constitute the proof of the whole
transactions passed between "ADISHATZ.COM" and its customer.
The recorded data by the system of payment, constitutes the proof of the
financial transactions.
ARTICLE 4 : DELIVERY
The products are delivered to the address of delivery that the customer
indicated during the process of order.
The delivery periods indicated are average times and correspond to the times of
treatment and delivery for the products bound for the Metropolitan France and
Monaco.
In the event of deliverable articles on different dates taking into account
their availability, the delivery period is based on the longest deadlines.
"ADISHATZ.COM" reserves however the right to split up the deliveries. In
this case, the participation in the expenses of treatment and forwarding will
be invoiced only for one sending.
"ADISHATZ.COM" subcontracts its forwardings in partnership with "La
Poste" (Collissimo Suivi) for France and the countries of the European Union,
and with "Fedex Chronopost" for forwardings towards the rest of the world. In
spite of the notoriety of our partners, those are not safe from failure.Under
no circumstances, "ADISHATZ.COM" could not be held liable for these
failures, by definition apart from its sphere of responsibilities.
However, "ADISHATZ.COM" commits itself to do its possible to assist the
customer in his steps near the partners of "ADISHATZ.COM", in particular
in the event of delay in delivery constituting the proof of the whole of the
transactions passed between "ADISHATZ.COM" and its customer.
4.1 - Available item in stock.
The articles presented on this site are deliverable while stocks last.
4.1.1. Stock outage.
If necessary, the vendor commits himself informing the consumer by any means
with his suitability, of potential store outage affecting his orders.
In this case, the vendor communicates to the customer a new approximate
delivery time (and this, before the expiry of the announced initial period) by
indicating to him that, if the customer does not accept, he can cancel its
order and get a refund.
4.1.2. Failure of the suppliers.
The vendor reserves moreover the right to cancel whole or part of the orders
placed by the customer in the event of failure of his suppliers and in case of
absolute necessity (force majeure).
The consumer will be informed under the same conditions as previously (4.1.1.)
and will get the refund of the price paid with the order, as soon as possible.
4.2 - Clauses
4.2.1. Place and delivery period.
The goods ordered shall be delivered to the customers personal domicile within
45 days starting from the reception of the duly formed order. The vendor deals
with the orders within the shortest times. However, if the time stipulated
above could not be respected, the customer must be informed.
The customer can either maintain, or cancel, or get the refund of his order.
Using external services for the delivery of the orders, the vendor commits
himself making any possible in order to incite them to respect the times
expected.
4.2.2. Invoice delivery.
Upon delivery of the package, the invoice will be presented to the customer.
4.2.3. Risks and delivery fees.
The operations of delivery are the responsibility of the consumer and the risks
are the responsibility of the vendor.
4.2.4. Acknowledgement of receipt.
Upon delivery of the package, a delivery note shall be presented to the
customer who shall be asked to sign it. This delivery note constitutes the
proof that the customer took delivery of his order.
ARTICLE 5 : WARRANTIES
5.1 - Returns or retractation.
Customer can return the item ordered to the following address : D.S.L. - 8
Avenue du Maréchal Leclerc - 40130 Capbreton - France.
No cash on delivery will be accepted.
5.1.1. Deadline
As the Internet transactions are related to distance contracts (Articles L
121-16 and the next ones of the French Code de la consommation [Consumer
Code]), the customer shall have a period of 7 (seven) days net as of the
delivery date to change his mind and return at his own expense the goods which
were ordered.
5.1.2. Other terms and conditions
Products must be returned in their original condition (including packaging,
accessories and original inserts, and in the perfect condition), with the
invoice within the time fixed by Article 3.1.1 above.
5.1.3. Extent.
The customer can return the whole or a part of his order.
5.1.4. Exceptions.
If it is the case of products made according to the specifications of the
customer or personalized at the client's request, this right of retractation
can not be applied.
5.2 - Exchange or refunding.
5.2.1.Option reserved for the consumer.
Article 3.1 of the French Code de la consommation [Consumer Code], the customer
who returns goods can ask either the exchange or the refunding.
If the customer chooses the refunding of his order, his request is taken into
account only after reception by the vendor of the goods returned.
In all the cases, only the price of the products returned will be refunded.
5.2.2. Maximum period of refunding
Any request for reimbursement in connection with goods already delivered to the
customer must be made within 15 days of the date on which the goods were
returned to the vendor.
ARTICLE 6 : PAYMENT
Customers may pay for their orders online using any of the following cards:
Carte Bleue, Visa and Mastercard, and by providing their card number and expiry
date, as well as the three last digits of the number shown at the back of the
bank card.
The currency used to pay for orders shall be the euro (€).
ARTICLE 7 : WARRANTY FOR HIDDEN DEFECTS
Article 1641 of the French Civil Code provides that "The vendor shall be
responsible for hidden defects in the goods sold which make these unsuitable
for the use for which they were intended, or which restrict this use to such an
extent that the buyer would not have purchased the goods, or would have offered
a lower price for them, had he or she been aware of this."
ARTICLE 8 : QUALITY
8.1 - Imitations.
The vendor makes sure, near his suppliers, that all the offered products are in
conformity with the legal conditions about counterfeit.
8.2 - Social clause.
The vendor makes sure, near his suppliers, that the offered products were
manufactured by people working under conditions in accordance with the
legislations of the countries concerned.
8.3 Safety of the goods.
The vendor makes sure, near his suppliers, that all the offered products are in
conformity with the standards and payments in effect as regards safety.
ARTICLE 9 : PERSONAL INFORMATION
9.1 - Personal data protection.
9.1.1. Safety device.
Since as sensitive information is communicated by the customer during the
subscription of the sale contracts that organize the formation and the
execution, the vendor commits himself taking all security measures so that this
information cannot be revealed outside its company, apart from the natural
persons and legal entities legally authorized.
Information collected on this Site, in this questionnaire, is not indeed used
and will be communicated only for the needs of management or to satisfy the
legal and statutory requirements.
The vendor makes sure of taking the maximum of measurements to ensure the
safety of the data. Under data protection legislation (French law article 29
n° 78-17 of 6th of January 1978), the vendor makes sure so that the data
collection on line of banking information includes effective and licit
processes of security of the payments, intended to prevent an unauthorized
third person from intercepting the data, reaching, deforming them or from
misappropriating them.
NB : According to the French law about data processing (6th of January 1978),
the customer is allowed, at any time, to access and rectify this personal
information.
Through us, customers can receive proposals from other companies or
organizations, or can also be informed about our offers by telephone, mail or
e-mail. If you disagree with that, you just have to write us by indicating your
name, first name, addresse and n° of customer. Do the same way if you do
not want to receive commercial propositions or catalogues from our company
anymore.
You can send your mail to the following address:
D.S.L. - Avenue du Maréchal Leclerc - 40130 Capbreton France
Or your e-mail :
adishatz2@wanadoo.fr
This e-mail address is protected from the collecting robots from emails, your
navigator must accept the Javascript to see it.
9.1.2. Exclusive clause of responsibility.
However, even if the vendor commits himself implementing necessary caution and
diligence to ensure the safety and to preserve the confidentiality of the data
delivered on his site, the vendor declines any responsibility as for the
violation of this site in spite of the precautions taken and as for the
prejudicial consequences that can result from it, in particular the
misappropriation of confidential information and especially banking information
concerning customers who have access there.
9.2. - Transmission of the personal data
9.2.1. Vendor obligations
The vendor commits himself informing the customer of the possibility of a
transmission of personal information relating to him to people authorized on
the supports of collecting information.
9.2.2. Customer rights
The customer can nevertheless be opposed so that his name and address are
transfered to a third party and this before the first transfer. The customer is
allowed to access and to change his personal data.
ARTICLE 10 : OBJECTIONS
10.1 - Competent service.
A customer service is available:
This customer service is contactable during business hours, by telephone, fax,
mail:
D.S.L. - 8 Avenue du Maréchal Leclerc - 40130 Capbreton - France
or by any other interactive means of communication.
10.2 - Complaints.
10.2.1. Clauses.
An answer is given to any information request, whatever are the clauses.
It is indicated, for any answer, the identification of the person having
ensured the treatment of the complaint or the litigation.
Moreover, the vendor commits himself to call or to write to the customer even
if there is no immediate solution with the emitted complaint.
10.2.2. Deadline.
The treatment of the complaints is carried out from the day of their reception
by the competent services of the vendor.
ARTICLE 11 : APPLICABLE LAW
The Web Site, this Agreement and any Orders which are placed through the Web
Site, are governed by French law.
ARTICLE 12 : SECURITY
Our site is the subject of a system of security.
Moreover, DSL ensures its transactions and its customers against any swindling
or abusive use of its means of payment thanks to MERCANET (BNP PARIBAS),
insurer of the electronic transactions for the online business.
N.B : The Vendor is entitled to alter this agreement at any moment.
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