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General Sales terms
Last update 25 octobre 2008
french provencal fabrics is a website created by comptoir phocéen de la machine à coudre ( http://www.comptoir-phoceen.fr ). It's a commercial corporation with his headquarters at :
41 rue de la paix Marcel Paul, 13001 Marseille, France
French provencal fabrics websites are http://www.french-provencal-fabrics.com and http://www.frenchprovencalfabrics.com . His business online is : provencal fabrics, books and boutis accesories, books.
French provencal fabrics hosting by rd medias : http://www.rdmedias.com
Article one - OBJECT and ACCEPTANCE GENERAL SALES TERMS
The present General Sales Terms define the terms and conditions under which any individual or incorporated persons. The Customer can order the products offered for sale by http://www.french-provencal-fabrics.com or http://www.frenchprovencalfabrics.com
After selecting the product, in able to order, the customer must declare, by clicking the icon to this effect, know and accept General Sales Terms in case of discrepancy between the present Terms.
The present General Sales Terms are applicable to all legal processes concerning products whatever may be the final destination of the products, and this is subject to the application of the specific terms found on the Web site.
No specific terms of purchase put forward by the Customer can, except with prior formal and written acceptance by comptoir phocéen de la machine à coudre, prevail over the General Sales Terms Any restrictive term imposed by the Customer can therefore not be, for lack of express acceptance, invoked against Comptoir phocéen de la machine à coudre whatever may have been the moment it was brought to the attention of Comptoir phocéen de la machine à coudre.
Article two - PRODUCTS AND ORDERS
The sold products are described in our catalogue and we try hard to introduce all characteristics by plates and a descriptive chip established from data given by the producer.
Our articles are offered in sale for the duration announced on the site and within the limits of the available supplies. Some offer is offered for a short and determined length which makes the object of a specific announcement; supplies then necessarily limited
In accordance with the provisions of Article 34 of the Law informatic and liberty of January 6, 1978, the Customer has the right to access and verify informations files kept by Comptoir phocéen de la machine à coudre.
It's possible to consult "Act n°78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties" here.
After product selection, and verification of the basket, the Customer conclusively validates the order by paypal, money transfer or credit card (visa, mastercard) and clicking on the icon 'enter'.
At this moment the order is registered. An order number is presented by electronic mail to the Customer.
Article three - CONCLUSION OF THE SALES CONTRACT
All the commercial information appearing on the site http://www.french-provencal-fabrics.com or http://www.frenchprovencalfabrics.com doesn't legally constitute an offer to contract. The sales contract between the Customer and Comptoir phocéen de la machine à coudre will be concluded only after the Customer has placed an order in accordance with the General Sales Terms and Comptoir phocéen de la machine à coudre has accepted the order.
Registration of the order, sent by electronic mail, will indicated the total price of the order in Euros or dollars, the order reference number as well as the list of products purchased.
Comptoir phocéen de la machine à coudre's acceptance or refusal of the order depends on validation by its bank and a partner organization of the Customer's mode of payment.
This acceptance or refusal will be communicated to the Customer by electronic mail within a maximum of 48 hours following reception of the purchase order.
Article four - PRICE AND PAYEMENT METHODS
A. Price
The prices of products appearing on the list of Products accessible on the Web Site http://www.french-provencal-fabrics.com or http://www.frenchprovencalfabrics.com are net prices (except : shipping costs, custom duties, insurance, etc…)
The total price of the Products selected by the Customer is indicated on the screen summarizing the order and includes the following information :
1. The price net of tax
2. The amount of value added tax (If applicable)
3. The shipping and packaging costs
The prices are made out and payable in Euros. To know the price of a product on the Web site in another currency, the 'Customer' has, on each item indicator, an icon giving access to the currencies of differents countries.
Any mention of prices in currencies other than the Euro is given exclusively for reference. It is the responsibility of the Customer to inform him, if the case arises, of the current exchange rate between the Euro and the currency of his country.
B. Mode of payment
Preparation of the Order and subsequent shipment of the Products to the Customer can only take place after validation of the Customer's mode of payment and subsequent debit of the invoice's total from the Customer's bank account. Thus, the Customer always prepays for the Products.
Payment for the Products by the Customer is carried out exclusively by credit card or credit transfer in Euros. The credit cards accepted by the corporation are VISA, MASTERCARD/ EUROCARD
c. security of payment
French provencal fabrics makes the object of one of the most competitive systems of security at present.
He adopted the technique of globalcharge (shopfactory paiement solution) but also reinforced all the techniques of disturbance and of encryption to protect as efficiently as possible all sensitive data linked to the means of payment.
French provencal fabrics never has access to relating confidential information by means of payment.
Article five - SHIPMENT AND DELIVERY
Delivery is made by post, in "Colissimo Suivi international".
You will have to fill with care at the time of order the address of delivery, specify the preferred hours of delivery and point out a telephone number or number of portable
A. Shipping coasts
Shipping costs aren't included in the Price of Products. These costs vary according to weight and the place of delivery, and are payable by the customer.
B. Delivery time
The Products are delivered to the address indicated by the Customer on the order form within a time period indicated on the site http://www.french-provencal-fabrics.com or http://www.frenchprovencalfabrics.com and determined by destination's geographical zone. The delivery time indicated on the Web Site is for reference only and no case guaranteed by Comptoir phocéen de la machine à coudre.
Comptoir phocéen de la machine à coudre cannot be held responsible for a non-respect of the delivery time period caused by a strike by the shippers, or an incident of any nature resulting from current national or international events.
C. Customs duties and other local taxes
Custom duties and other local taxes of the country of destination are not included in the final invoice. In the case of an order destined for a country other than France, the Customer is the importer of the product(s).
For all products sent outside of the European Union, the price will be automatically calculated net of taxes on the bill. Customs duties or other local taxes or import duties or state taxes may be payable. These duties and sums are the entire responsibility of the Client, as much in terms of declarations as payments to the concerned authorities and organizations in the Customer's country.
D. Responsibility risks
Responsibility for the risks pertaining to loss and damage of the Products is borne by Comptoir phocéen de la machine à coudre during shipment of Products and up to delivery of the products to the Customer.
In the case of damage or missing items, the Customer should write his observations on the delivery receipt and confirm these observations by registered letter and electronic mail to Comptoir phocéen de la machine à coudre within 24 hours of delivery. Only under these conditions will Comptoir phocéen de la machine à coudre proceed with the reimbursement or replacement of the lost or damage merchandise.
In the following case Comptoir phocéen de la machine à coudre's responsibility cannot be called into question and no complaints will be accepted :
Absence :
- After a delivery notice has been left by the shipper, the Customer or consignee doesn't present him/herself to receive the parcel(s).
- After a delivery notice has been left by the shipper, the Customer or consignee presents him too late at the shipper's depot and recuperates items that have passed their sales date or are unfit consumption due to storage in inappropriate conditions.
Article six - INTELLECTUAL PROPERTY
Comptoir phocéen de la machine à coudre is protected marks and domains names also . They are our exclusive property and cannot be used without our agreement what also means that links with other sites without our agreement are rigorously forbidden. We broadcast the marks of our suppliers to which we also owe the respect for their marks which are the pledge of quality which you search. We adopted for the presentation of their products an original style of drawing which is also protected and cannot therefore be copied.
Any copy, any use of one of the marks sold or protected, any parasitism founded on our mode of sale is strictly forbidden and will be immediately followed and punished.
Article seven - RESPONSABILITY
The Customer has only one responsibility for the use and storage of the delivered products. Comptoir phocéen de la machine à coudre reminds the Customer that all products should be used and consumed by the last date of storage indicated in the package.
At the same time, Comptoir phocéen de la machine à coudre cannot be held responsible for a non-respect of the legislative or statutory rules in effect in the country of delivery, Comptoir phocéen de la machine à coudre being solely obliged to respect French regulations pertaining to the Products.
Whatever may be the possible motive to call into question the responsibility of Comptoir phocéen de la machine à coudre, its responsibility is limited to the lower of the following sums.
1. The total amount of the direct loss suffered by the Customer, or
2. The total price of the order
Article eight - RIGHT OF RETRACTION
In accordance with article 121-16 of the French consumers' Code, the Customer has a 7 day period following the date of delivery to return the Products to Comptoir phocéen de la machine à coudre at his/her charge and request an exchange or refund.
This possibility of retraction is any times excluded for books, magazines and periodicals.
The request for an exchange or refund should be addressed to the corporation by electronic mail followed within 24 hours by a registered letter with return receipt addressed to Comptoir phocéen de la machine à coudre.
Refund will be performed within 30 days maximum according to the date of reception of your retractation to comptoir phocéen de la machine à coudre and since articles object of the retractation we will have reached ;
You will be informed by electronic mail, of the reception of your will of retraction, of the return of your package and of the date of refund.
Article nine - GUARANTEES
a. The products
Comptoir phocéen de la machine à coudre assures the Customer that the products are made according to strict standards of quality and preservation in accordance with the norms in effect in France and European Union.
Comptoir phocéen de la machine à coudre promises to implement all methods of maintaining the quality of the products, as far as its means permit.
Nor can Comptoir phocéen de la machine à coudre be held responsible in the case of force majeure as defined and recognized by French jurisprudence.
b. Confidentiality
The personal information gathered on the website http://www.french-provencal-fabrics.com or http://www.frenchprovencalfabrics.com will never be revealed to third paties, according to our charter in collaboration with the CNIL.
Article ten - APPLICABLE LAW AND COMPETENT JURISDICTION
The law applicable to the present General Sales Terms is French law.
The Customer is an incorporated entity, all differences and litigation concerning the present General Sales terms will be submitted to the exclusive judgement of the tribunes in the jurisdiction of the Marseille court of appeal.
Article eleven - GENERAL PROVISIONS
The Customer is domiciled at the address which he has indicated at the time of registration on the website.