| General Selling Conditions |
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General Selling Conditions of the web site « www.shop-bladeboardcenter.com »
Preamble
The present document defines in a complete and definitive form the General Selling Conditions applying to contractual relations between Bladeboardcenter SARL and its customer.
The present General Selling Conditions prevail over any modification, suppression or endorsement, except by prior written agreement of the company:
Bladeboardcenter SARL
103 avenue du Maréchal Foch
78100 Saint Germain en Laye - France
Tél: +33 (0)6 03 28 69 25
Numéro de Siret : 501 442 016 00017
Numéro TVA : FR 08 501 442 016
Any order for a product shown in the on-line shop of the web site « www.shop-bladeboardcenter.com » presupposes the prior consultation of the present General Selling Conditions. Therefore, the customer admits to be perfectly informed of the fact that to agree with the General Selling Conditions no hand-written signature is needed when he wants to order on-line some products shown in the on-line shop of the web site « www.shop-bladeboardcenter.com »
The customer has the faculty to save or to edit the present General Selling Conditions, however the saving or the edition of this file is at his own responsibility.
The customer, prior to his order, declares that the purchase of these products has no direct connection with his professional activity. Their acquisition is for private use only. As a consumer, the customer has specific rights, which shall be called into question if the purchased products or services on the web site « www.shop-bladeboardcenter.com » are in fact connected to his professional activity.
All this information is shown in French and English language. The customer, whatever his nationality, declares to have the full legal capacity, which makes him able to commit himself to the present General Selling Conditions. In case of contradiction between the French version and the English version or by the interpretation of the terms of the General Selling Conditions, the parties agree that the French version shall rule.
Article 1 : Entire Agreement
The present General Selling Conditions express the parties’ obligations in their entirety. Therefore the customer is deemed to accept without reserve the entire dispositions provided in those General Selling Conditions.
General or specific conditions shown in the documents sent or given by the customer may not integrate the present ones, if these documents are not compatible with these General Selling Conditions.
Article 2 : Object
The present General Selling Conditions have for object to define the parties’ rights and obligations as part of the on-line selling of products and services offered to the customers by the company Bladeboardcenter SARL.
Article 3 : Contractual documents
The present contract is composed of the following contractual documents, shown by descending hierarchic order: the present General Selling Conditions, the order form. In case of contradiction between the clauses in the documents of different ranks, the clauses of the documents of a higher rank shall prevail.
Article 4 : Coming into force – Term
The present General Selling Conditions shall come into to force at the date of signature of the order form. The present General Selling Conditions are concluded for the necessary duration for the supply of the subscribed products and services, until the end of the guarantees due by the company Bladeboardcenter SARL
Article 5 : Digital signature
The double-click of the customer for the order form constitutes a digital signature, which between the parties has the same value as a hand-written signature.
Article 6 : Order confirmation
The contractual information shall be the subject of a confirmation by e-mail at the moment of the delivery at the latest or by default at the address indicated by the customer on the order form.
Article 7 : Transaction proof
The computerised registers, kept in the computer systems of the company Bladeboardcenter SARL under reasonable security conditions, shall be considered as proof of the communications, of the orders and of the payments between the parties. The archiving of the order forms and of the invoices is made on a reliable and long-standing data carrier, which can be printed out as a proof.
Article 8 : Information on the products
The company Bladeboardcenter SARL shows on the web site « www.shop-bladeboardcenter.com » the products to be sold with their necessary characteristics, which allow to respect the Article L 111-1 of the Consumption Code, which allow the possibility for the potential customer to know the essential characteristics of the products that he wishes to purchase before the definitive order.
The offers provided by Bladeboardcenter SARL are valid within the limit of the stock.
Article 9 : Prices
The prices are in Euro all taxes included and are valid only until the date of the order form sent by the customer. They do not take into account the delivery fees which are invoiced as additional charges, and indicated before the confirmation of the order.
The prices take into account the VAT applicable at the date of the order. Any change of the applicable VAT rate shall be automatically reflected on the price of the products of the on-line shop. The payment of the entire price must be made when ordering. The sums paid shall never be considered as part payments.
Article 10 : Method of payment
To pay his order, the customer has the choice among the methods of payment shown in the order form. The customer guarantees Bladeboardcenter SARL that he has the possibly needed authorisations to use the method of payment chosen by him during the confirmation of the order form.
Bladeboardcenter SARL reserves the right to suspend any order process or delivery in case of refusal of the authorisation for credit card payment from the official accredited organisms or in case of no payment.
More particularly Bladeboardcenter SARL reserves the right to refuse to make a delivery or to honour an order from a customer, who has not totally or only partially paid a preceding order or with whom a payment litigation is in process.
In the case of payment by cheque, the order shall be validated after the receipt and the cashing of it.
The cheque shall be payable to Bladeboardcenter SARL and sent to the administration of the company Bladeboardcenter SARL (see article 25 for the complete address)
Article 11 : Product availability
The order shall be processed in a period of 3 days at the latest, starting from the following day of the order confirmation of the customer.
In case of unavailability of the ordered product, in particular when it is due to our suppliers, the customer shall be informed at the soonest possible and will have the possibility to cancel or to maintain his order.
In the case the customer wants to cancel his order, then he shall ask for the refund of the sums paid within a period of 30 days at the latest after their payment.
In the case the customer wants to maintain his order, Bladeboardcenter SARL shall not commit itself on a period of time limit of delivery. In addition, the legal period of time of delivery starts from the confirmation of the dispatch of the order.
In every case, Bladeboardcenter SARL will do everything possible to reduce the delivery period as much as possible and shall keep the client informed of the situation.
Article 12 : Delivery Method
The products are delivered to the address indicated by the customer on the order form. The customer is required to check the packaging condition of the parcel on delivery and to report on the delivery note any damage due to the carrier, and also to inform Bladeboardcenter SARL within a week.
The customer, on request, can have an invoice sent to the invoicing address and not to the delivery address by validating the dedicated option on the order form.
Concerning the dispatch, most of the time we work with “Colissimo Suivi de La Poste”. As soon as we dispatch some goods, you receive immediately an e-mail to let you know.
In order to reduce as much as possible the delivery charges, all products of small or medium size are dispatched by the service of La Poste “Colissimo Suivi”. As well as the fact to be low cost, this service delivers in 48 hours everywhere in France and offers the possibility to collect the ordered products at the nearest post office of the delivery address in case of absence when the postman comes. In practical terms, if you are away during the delivery day, your postman will leave you a calling card in your post box, which will let you collect your parcel at your post office during opening hours within a period of 15 days.
Colissimo Suivi is a very reliable service, however it is possible for a delayed delivery to occur or that the parcel gets lost. In case the delivery is late according to the date we indicated in the dispatch e-mail, we ask you to let us know this delay by contacting us by telephone :+ 33 (0)6 03 28 69 25 or by e-mail: client@bladeboardcenter.com
We shall then contact La Poste to start an inquiry. An inquiry at La Poste can last up to 21 days starting from the beginning of the inquiry.
If during this delay the parcel is found, it shall immediately be sent again to your domicile (in most cases). If instead the parcel is not found at the end of the period of 21 days of inquiry, La Poste consider the parcel as lost. It is only at that moment that we can send you a replacement product at our expense.
If the ordered products were not available anymore at that moment, we would refund the sums concerning the products lost by the carrier.
If the products were still available, but their prices changed on the web site, we would apply the new selling price, either by a refund of the difference by cheque or by asking for an additional cheque for the difference between the prices. We disclaim all responsibility concerning the extension of the delay due to the carrier, in particular when losses of parcels or strike occur.
Article 13 : Delivery problems because of the carrier
Any anomaly concerning the delivery,(damage, missing product in comparison to the delivery note, etc.) shall be imperatively indicated on the delivery note in the form of “hand-written reserves”, with the customer signature. The customer shall at the same time confirm this anomaly by addressing to the carrier in the two following workdays a mail with acknowledgement of receipt stating the complaints.
The customer shall send a copy of this mail by fax or by regular mail to:
Bladeboardcenter SARL
Service Client
103 avenue du Maréchal Foch
78100 Saint Germain en Laye - France
Article 14 : Delivery mistakes and returns
Article 14 - a
The customer shall formulate all delivery errors or products not complying by nature or by quality with indications appearing on the order form, to Bladeboardcenter SARL the same day as the delivery or at the latest the first workday following the delivery. All complaints received after this period of time shall be rejected.
Article 14 - b
The formulation of this complaint to Bladeboardcenter SARL shall be done
• Firstly by telephone : +33 (0)6 03 28 69 25
• By sending an e-mail to the following address: client@bladeboardcenter.com
Article 14 - c
All complaints not made in accordance with the rules defined above and within the given period of time shall not be taken into account and shall free Bladeboardcenter SARL of all responsibility towards the customer.
Article 14 - d
On receipt of the complaint, Bladeboardcenter SARL shall issue a replacement number for the concerned item(s) and shall give it to the customer by e-mail, by fax or by telephone. The replacement of an item can be done only after the replacement number has been given to the customer according to the process stated above.
Article 14 - e
In case of delivery or replacement mistake, any item to be replaced or refunded shall be returned to Bladeboardcenter SARL as a whole and in its original packaging, by Colissimo Recommandé, at the following address:
Bladeboardcenter SARL
103 avenue du Maréchal Foch
78100 Saint Germain en Laye - France
Tél: +33 (0)6 03 28 69 25
To be accepted, all returns shall be indicated beforehand to the customer service of Bladeboardcenter SARL
Return and re-dispatch charges in case of size or colour replacement because of the customer demand, are at the customer’s expense. Only items returned as a whole, in their original and intact packaging and in a perfect condition for resale shall be taken back.
Any item which is damaged, or if its original packaging is damaged, shall not be refunded or replaced, and the return charges shall be borne by the customer.
Return charges are not borne by Bladeboardcenter SARL in the case that the taken back item proves not to match the original notification made by the customer in the return form or the complaint e-mail.
The return charges are borne by Bladeboardcenter SARL when it is proven that Bladeboardcenter SARL is responsible (item not complying with the order or faulty item for example), and that in the conditions indicated in Articles 14-a and 14-b of these General Selling Conditions. Only items returned in their whole, in their original and intact packaging, and in a perfect resale condition shall be taken back. Any item which is damaged or when their original packaging is damaged shall not be refunded or replaced.
Article 14 - f
In case of delivery problems due to the customer (wrong delivery address etc), which provoke an immediate return of the parcel to Bladeboardcenter SARL, the customer shall send another cheque of the amount of the freight charges so that Bladeboardcenter SARL could send again the order in question. If the costs of the freight is refused by the customer, the order shall be cancelled and the customer shall have a credit, but shall not be refunded in any case, as Bladeboardcenter SARL is not responsible.
Article 15 : Product Guaranty
The customer has the legal guaranties covering the hidden defects of the purchased products.
Article 16 : Retraction Rights
The customer has seven workdays to return at his own cost the products that do not suit him. This period of time starts from the day when the customer’s order is delivered. If this period of time expires during a non working day, it is extended until the next workday.
All return shall be reported to the Customer Service of Bladeboardcenter SARL
• first by telephone +33 (0)6 03 28 69 25
• by sending an e-mail: : « client@bladeboardcenter.com ».
The product shall be returned to the Customer Service of Bladeboardcenter SARL
by using the service: “Colissimo Recommandé”.
Products under blister like DVDs, shall not be opened so that the customer can keep his retraction rights.
Only products sent back in their whole, in their complete and intact original package, and in a perfect resale condition, shall be taken back. Any damaged products or damaged product’s original packaging, shall not be refunded or exchanged.
This retraction right is effectuated without penalty, except for return costs. If the customer uses this right, he has the choice to ask either for a refund of the amount paid or an exchange of the product. In case of an exchange the transport charges are for the customer. In case of a refund, Bladeboardcenter SARL will transfer the amount to his bank account (secured transaction) or by cheque.
Article 17 : Force majeure
Neither of the two parties shall be deemed to have failed in their contractual obligations, when their carrying out shall be delayed, hindered or stopped by a fortuitous fact or force majeure.
Shall be considered as fortuitous fact or force majeure, all unstoppable facts or circumstances, exterior to the parties, unpredictable, unavoidable, beyond control of the parties and unavoidable by those, in spite of all reasonable endeavours possible.
The party touched by such circumstances shall notify the other party within 10 workdays following the date of its awareness. Then the two parties shall get closer to each other, in one month, unless this is impossible due to the force majeure, to examine the impact of the fact and to agree on the conditions within which the execution of the contract shall be continued. If the fact of force majeure lasts for more than three months, the present General Selling Conditions could be terminated by the injured party.
Specifically , transport and supply blockade, earthquake, fire, tempest, flood, thunder, telecommunication network stoppage or telecommunication network difficulties exterior to the customers, are considered as cases of force majeure or fortuitous cases, among others which are usually retained by the French case law.
Also, the responsibility of Bladeboardcenter SARL should not be committed for any problems or damage due to the use of Internet, in particular for an interruption of the availability of the web site « www.shop-bladeboardcenter.com », a service interruption, an exterior intrusion or the presence of computer viruses , the loss or alteration of data or files, or for the indirect damages whatever are the causes and consequences.
Article 18 : Partial non validation
If one or more stipulations of the present General Selling Conditions are considered as not valid or are notified as not valid according to a law or regulation or following a decision of a court of competent jurisdiction, the other stipulations shall keep all their strength and range.
Article 19 : Non renunciation
For one of the parties, the fact of not citing a breach by the other party on one of the obligations notified in the present General Selling Conditions, could not be interpreted for the future as a renunciation of such obligations
Article 20 : Title
In case of interpretation difficulties between one of the titles standing at the top of articles and one of such articles, the titles shall be declared non existent.
Article 21 : Applicable law, jurisdiction and contractual language
The present General Selling Conditions are subject to French Law. It is the same for form and content rules. In case of litigation or claim, in the first instance the customer shall discuss with Bladeboardcenter SARL to obtain a privately negotiated solution. In a second step and in case of an appeal, only the French Court, of which the headquarters of Bladeboardcenter SARL is within its jurisdiction, shall be competent.
“The General Selling Conditions and Terms” are available on the web site « www.shop-bladeboardcenter.com » in French and English. In case of contradiction between the French and English versions or for the interpretation of words, the French version shall rule.
Article 22 : Computer and Liberties
Personal collected customer information is essential for processing the orders, for the establishment of the invoices and guarantees. A lack of this information excludes the validation of the order.
The customer has a right of access, of modification, of rectification and of deletion of his personal data. Bladeboardcenter SARL commits itself to not communicate to others the information provided by its customers
Article 23 : Intellectual property
The general structure, the texts, the pictures or the animated pictures, the sounds, the downloadable documents, the databases, and all other items from the web site and also the invention of the product “bladeboard” or “planche à roulettes en ligne concave” are the exclusive property of Bladeboardcenter SARL by Michel's®.
The whole web site comes under the French and international legislation of copyrights and of intellectual property. The names, the brands, the corporate names, the music, the pictures and photos which are named or shown on this web site are the property of their respective bailors
Any utilisation or reproduction, complete or partial of the web site, of its elements or information by any way possible, constitute pirating punishable by the Intellectual Property Code and therefore is punishable by civil, commercial or penal proceedings.
However, the information of the web site can be used by others on condition that all information broadcast directly on the web site by Bladeboardcenter SARL by Michel's®, excepting the iconography, the pictures, the videos, the drawings, logos, brands and music, may be reproduced or shown or broadcast by others after a simple prior notice to the webmaster on condition that the source is mentioned. However they must not be used for trading or advertising means. Bladeboardcenter SARL by Michel's® keeps the possibility at any time without notice and without justifying to forbid the use of information before cited. In this case the concerned person will be informed and will have 8 workdays to stop its action.
Concerning the iconography, pictures, videos, posters, drawings, logos, brands and music, the web site visitor can download for private use only. He may not in any way reproduce, broadcast nor use them for trading or advertising means.
« Live To Fun® » and « by Michel's® » are therefore registered and protected brands by brand rights. They are the exclusive property of Bladeboardcenter SARL by Michel's®. all other named brands belong to their exclusive owners.
The bladeboard by Michel's or “planche à roulettes en ligne concave” is an invention of Bladeboardcenter SARL by Michel's® which is registered and patented and therefore is protected by intellectual property rights.
Article 24 : Responsibility concerning the practice of the bladeboard
The practice of bladeboard is a sport where risks of bad falls which can provoke serious injury, accidents or even death. We strongly recommend you to wear protective items like helmet, knee/elbow pads, wrist protections whether you are a beginner or a confirmed rider. One must be aware that no protections can protect the rider in all situations.
You are responsible for conditions where you use the bladeboard. Bladeboardcenter SARL may not be held responsible for the possible wounds provoked when you fall however serious they are or for the consequences on your health and your surroundings.
WARNING : products sold by Bladeboardcenter SARL are not toys and are suitable for persons over 14 years old
Article 25 : Customer Service
Telephone :
+33 (0)6 03 28 69 25
E-mail :
client@bladeboardcenter.com
Address :
Bladeboardcenter SARL
Service Client
103 avenue du Maréchal Foch
78100 Saint Germain en Laye - France
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