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General Sales ConditionsIdentification
Foreword
The totality of the site is the property of the ABERS company, including all the rights concerned. All reproduction, total or partial, is systematically subject to the authorization of the proprietors. However, links of hypertext nature to the site are authorized without specific requests.
1. Acceptance of the conditions
The client recognises that he is aware, at the moment of placing an order, of the particular conditions of sale displayed on this screen and declares expressly to accept them without reserve.
The present general conditions of sale regulate the contractual relations between ABERS and its client, the two parties accept them without reserve. These general conditions of sale take precedence over all other conditions contained in any other document, except in the case of previous derogation, express and written.
2. Products
The photographs illustrating the products do not enter the contractual domain. Should errors occur in them, in any case ABERS will not be held responsible.
3. Ordering
The system of automatic recording is considered as valid proof of the nature, the content and the date of the order. ABERS will confirm acceptance of his order to the client at the mail address by which the order was communicated. The sale will only be concluded upon the confirmation of the order. ABERS reserves the right to cancel any order from a client with whom a dispute exists with respect to a previous order. The information provided by the purchaser during the ordering process engages his responsibility: in case of error in declaring the coordinates of the recipient, the seller will not be held responsible for the impossibility of delivering the product.
4. Delivery
Abers undertakes, after confirmation of the order, to deliver all the goods ordered by the purchaser to its transporter. This transporter is responsible under contract to ABERS to deliver the order to the address provided to ABERS by the purchaser. Furthermore, for all deliveries outside of metropolitan France, the client undertakes to pay all taxes due upon the importation of products, customs duties, value added tax and any other taxes due in respect of the laws of importation of the country concerned. All the orders given to ABERS are intended for the personal use of the clients: the clients or the recipients of the products undertake not to resell, partially or wholly, the products. ABERS disclaims all legal responsibility if the taxes are not acquitted by the client.
The delivery will be made by La Poste by traced Colissimo or by Chronopost according to the choice of the client in Metropolitan France. The delivery is made in the time frame indicated to the client by direct delivery of the product to the declared recipient, or in the case of absence to another person authorized by the client. Any eventual delays do not give the purchaser the right to claim damages or interest.
The deliveries in the countries of the EEC are made by Le Poste by traced Colissimo Europe or by Chronopost, according to the choice of the client: for deliveries outside the EEC the deliveries are made by international postal services or Chronopost, according the choice of the client.
In the case of a technical product, the client will take particular care to verify the correct operation of the delivered apparatus, and to read the operation instructions provided with it.
In the case of apparent defects, the purchaser has the right of return under the conditions indicated in this document.
The following are considered as force majeur that discharge the seller of his obligation to deliver: war, riot, fire, strikes, accidents or the impossibility to be supplied. The merchandise always travels at the risk and peril of the recipient. Always verify your package upon arrival. You dispose of an interval of 48 hours to declare any reserves to the transporter in case of missing items or degradation. For reasons of availability, an order may be delivered by several deliveries to the client. The client will then only pay for a single delivery. Should the client wish 2 places of delivery, he will make 2 orders, with the attendant delivery charges.
5. Retractation
You have 7 days (from reception of the articles) to form an opinion. In case of exchange or reimbursement, send back the new article(s) in its (their) original packing, intact, accompanied with all their eventual accessories, operating instructions and document to the following address :
26 rue du goulet 95640 Marines France In case of exercise of the right of retraction, ABERS is held responsible for the reimbursement of the sums paid by the client, without charges, except for the cost of return. The reimbursement is due within a maximum of 15 days.
6. Price
The price is expressed in Euros.
The price indicated on the product sheets do not include the cost of transport.
The price indicated in the confirmation of the order is the definitive price, expressed with all taxes included and including the VAT for France and the countries of the EEC. This price includes the price of the products, the charges of handling, packing and conservation of the products, the transport charges and start of operation.
7. Payment
The price invoiced to the client is the price indicated on the confirmation of the order addressed by ABERS.
The price of the products is payable on account on the effective day of ordering.
The payment is to be made by cheque, PAYPAL or by banker's card carrying the indication CB.
SOGENACTIF on line allows you to pay via the bank servers, your settlement is made directly to a bank in a secure environment without passing through the server of the shop, this being an important guarantee in that your Numbers are known only to our banking partner (SOCIETE GENERALE).
The validated order from the client will not be considered effective until the banking payment centre concerned gives its agreement. In the case of a refusal by the said banking centre, the order will be automatically cancelled and the client informed by electronic mail. Furthermore, Abers reserves the right to refuse any order from a client with whom a dispute exists.
8. Disputes
The present contract is subject to French law. ABERS may not be held responsible for any damages of any kind, whether material, immaterial or corporal, resulting from the incorrect operation or incorrect usage of the products sold. This is also valid for any modifications to the product made by the manufacturer. The responsibility of ABERS will be limited in every case to the amount of the order and will not be compromised due to simple errors or omissions that may occur despite all the precautions taken in the presentation of the products. Where difficulty may exist in the application of the present contract, the client has the possibility, before engaging any action in law, to seek an amicable solution through the assistance of :
a professional association of the sector, a consumers’ association or any other council of his choice. It is noted here that the search for an amicable solution does not interrupt either the « brief delay » of the legal guarantee or the duration of the contractual guarantee. It is noted that as a general rule and subject to the advice of the Tribunals, the respect of the dispositions of the present contract relative to the contractual guarantee suppose that the client honours his financial engagements towards the seller.
Claims and contestations will always be received with attentive good will, honesty being always assumed for those who have chosen to make their case. In the case of dispute, the client will address himself as a priority to the enterprise in order to obtain an amicable solution. Where this is not possible, the decision of the Tribunal de Commerce of PONTOISE alone is the only competent forum, whatever the place of delivery and the mode of payment accepted.
9. Guarantee
In every case, ABERS will not be held responsible for the non compliance with the regulatory and legislative dispositions in vigour in the country of reception, the responsibility of ABERS is systematically limited to the value of the product in question, its value at the date of sale, and without possibility of recourse with respect to the trademark or the company producing the product.
In every case, the client benefits from the legal guarantee of eviction and of hidden faults (Art. 1625 and according to the Code Civil). In the case where the buyer demonstrates a hidden fault, the seller must make repair for all the consequences (art.1641 and following of the Code Civil) ; if the buyer turns to the tribunals, he must do so in a « brief delay » following the discovery of the hidden fault (art.1648 of the Code Civil). You may contact customer service 6 days out of 7 (from Monday to Saturday inclusive) by electronic mail at info@shop-racing.com (reply within 48 hours).
10. Legal information
The details of the nominative information obtained for the purpose of sale over distance is obligatory, this information is essential for the treatment and delivery of orders, establishing the invoices and contracts of guarantee. The absence of these details implies the invalidation of the order. In compliance with the law « Informatique et Libertés », the treatment of the nominative information related to the clients is the subject of a declaration of the Commission Nationale de l’Information et des Libertés (CNIL). The client disposes (article 34 of the law of 6th January 1978) of a right of access, of modification, of correction and of suppression of the data that concerns him, and that he may exercise with respect to Abers. Furthermore, ABERS undertakes not to communicate to a third party, freely or for reward, the data relating to its clients.
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